These terms and conditions of use ("Site Terms") apply solely to your access to, and use of, the Web site of Juno Baby LLC ("Juno Baby"), located at www.junobaby.com (the "Site"). These Site Terms do not alter in any way the terms or conditions of any other agreement you may have with Juno Baby, or its subsidiaries or affiliates, for products, services or otherwise. If you are using the Site on behalf of any entity, you represent and warrant that you are authorized to accept these Site Terms on such entity's behalf, and that such entity agrees to indemnify you and Juno Baby for violations of these Site Terms.
Juno Baby reserves the right to change or modify any of the terms and conditions contained in the Site Terms or any policy or guideline of the Site, at any time and in its sole discretion. Any changes or modification will be effective immediately upon posting of the revisions on the Site, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of this Site following the posting of changes or modifications will confirm your acceptance of such changes or modifications. Therefore, you should frequently review the Site Terms and applicable policies from time-to-time to understand the terms and conditions that apply to your use of the Site. If you do not agree to the amended terms, you must stop using the Site.
If you have any question regarding the use of the Site, please refer first to the Help Section or the Frequently Asked Questions. All other questions or comments about the Site or its contents should be directed toinfo@junobaby.com.
1. Privacy Policy
Please refer to our Privacy Policy for information on how Juno Baby collects, uses and discloses personally
identifiable information from its users.
2. Terms of Sale
All Sales from the Site are governed by Juno Baby's Terms of Sale.
Please refer to our Terms of Sale for the
terms, conditions and policies applicable to your purchase of products from Juno Baby. By ordering products
through the Site, you agree to be bound by and accept the Terms of Sale. The Terms of Sale are subject to
change without prior notice at any time, in Juno Baby's sole discretion so you should review the Terms of Sale
each time you make a purchase.
3. Eligibility
The Site is not targeted towards, nor intended for use by, anyone under the age of 18. By creating an
account, you represent and warrant that you are 18 years of age or older.
4. Copyright and Limited License
Unless otherwise indicated in the Site, the Site and all content and other materials on the Site, including,
without limitation, the Juno Baby logo, and all designs, text, graphics, pictures, information, data, software,
sound files, other files and the selection and arrangement thereof (collectively, the "Site Materials") are the
proprietary property of Juno Baby or its licensors or users and are protected by U.S. and international
copyright laws.
You are granted a limited, non-sublicensable license to access and use the Site and electronically copy, (except
where prohibited without a license) and print to hard copy portions of the Site Materials for your informational,
non-commercial and personal use only Such license is subject to these Site Terms and does not include: (a)
any resale or commercial use of the Site or the Site Materials therein; (b) the collection and use of any product
listings, pictures or descriptions; (c) the distribution, public performance or public display of any Site Materials;
(d) modifying or otherwise making any derivative uses of the Site and the Site Materials, or any portion
thereof; (e) use of any data mining, robots or similar data gathering or extraction methods; (f) downloading
(other than the page caching) of any portion of the Site, the Site Materials or any information contained
therein, except as expressly permitted on the Site; or (g) any use of the Site or the Site Materials other than
for its intended purpose. Any use of the Site or the Site Materials other than as specifically authorized herein,
without the prior written permission of Juno Baby, is strictly prohibited and will terminate the license granted
herein. Such unauthorized use may also violate applicable laws including without limitation copyright and
trademark laws and applicable communications regulations and statutes Unless explicitly stated herein,
nothing in these Site Terms shall be construed as conferring any license to intellectual property rights, whether
by estoppel, implication or otherwise. This license is revocable at any time.
5. Repeat Infringer Policy
In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable law, Juno Baby has
adopted a policy of terminating, in appropriate circumstances and at Juno Baby's sole discretion, subscribers or
account holders who are deemed to be repeat infringers. Juno Baby may also at its sole discretion limit access
to the Site and/or terminate the accounts of any users who infringe any intellectual property rights of others,
whether or not there is any repeat infringement.
6. Copyright Complaints
If you believe that anything on the Site infringes upon any copyright which you own or control you may file a
notification of such infringement with our Designated Agent as set forth below.
Name of Agent Designated to Receive Notification of Claimed Infringement: Barrett Cohn
Full Address of Designated Agent to Which Notification Should be Sent: 116 New Montgomery Street, Suite
200, San Francisco, CA 94105
Telephone Number of Designated Agent: 415-820-5100
Facsimile Number of Designated Agent: 415-879-9937
E-Mail Address of Designated Agent: dmca@junobaby.com
Telephone Number of Designated Agent: 415-820-5100
Facsimile Number of Designated Agent: 415-879-9937
E-Mail Address of Designated Agent: dmca@junobaby.com
Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. You should note that if you
knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any
damages, including costs and attorneys' fees, incurred by us or the alleged infringer as the result of our relying
upon such misrepresentation in removing or disabling access to the material or activity claimed to be
infringing.
7. Trademarks
JUNO BABY, ONE FOR ALL, the Juno Baby logos and any other product or service name or slogan contained in
the Site are trademarks of Juno Baby and its suppliers or licensors, and may not be copied, imitated or used,
in whole or in part, without the prior written permission of Juno Baby or the applicable trademark holder. You
may not use any metatags or any other "hidden text" utilizing "Juno Baby" or any other name, trademark or
product or service name of Juno Baby without our prior written permission. In addition, the look and feel of
the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark
and/or trade dress of Juno Baby and may not be copied, imitated or used, in whole or in part, without our prior
written permission. All other trademarks, registered trademarks, product names and company names or logos
mentioned in the Site are the property of their respective owners. Reference to any products, services,
processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not
constitute or imply endorsement, sponsorship or recommendation thereof by us.
8. Hyperlinks
You are granted a limited, non-exclusive right to create a text hyperlink to the Site for noncommercial
purposes, provided such link does not portray Juno Baby or any of its products and services in a false,
misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not
contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable.
This limited right may be revoked at any time. You may not use a Juno Baby logo or other proprietary graphic
of Juno Baby to link to this Site without the express written permission of Juno Baby. Further, you may not
use, frame or utilize framing techniques to enclose any Juno Baby trademark, logo or other proprietary
information, including the images found at the Site, the content of any text or the layout/design of any page or
form contained on a page on the Site without Juno Baby's express written consent. Except as noted above,
you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent,
trademark, copyright or proprietary right of Juno Baby or any third party.
Juno Baby makes no claim or representation regarding, and accepts no responsibility for, the quality, content,
nature or reliability of third-party Web sites accessible by hyperlink from the Site, or Web sites linking to the
Site. Such sites are not under the control of Juno Baby and Juno Baby is not responsible for the contents of
any linked site or any link contained in a linked site, or any review, changes or updates to such sites. Juno
Baby provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation,
endorsement or adoption by Juno Baby of any site or any information contained therein. When you leave the
Site, you should be aware that our terms and policies no longer govern. You should review the applicable
terms and policies, including privacy and data gathering practices, of any site to which you navigate from the
Site.
9. Third Party Content
Juno Baby may provide third party content on the Site and may provide links to Web pages and content of
third parties (collectively the "Third Party Content") as a service to those interested in this information. Juno
Baby does not control, endorse or adopt any Third Party Content and makes no representation or warranties of
any kind regarding the Third Party Content, including without limitation regarding its accuracy or
completeness. You acknowledge and agree that Juno Baby is not responsible or liable in any manner for any
Third Party Content and undertakes no responsibility to update or review any Third Party Content. Users use
such Third Party Content contained therein at their own risk.
10. Advertisements and Promotions; Third-Party Products and Services
Juno Baby may run advertisements and promotions from third parties on the Site or may otherwise provide
information about or links to third-party products or services on the Site. Your business dealings or
correspondence with, or participation in promotions of, such third parties, and any terms, conditions,
warranties or representations associated with such dealings or promotions, are solely between you and such
third party. Juno Baby is not responsible or liable for any loss or damage of any sort incurred as the result of
any such dealings or promotions or as the result of the presence of such non-Juno Baby advertisers or third
party information on the Site.
11. Submissions
You acknowledge and agree that any suggestions, ideas (including new product ideas), feedback, questions,
comments, plans, notes, or other materials or information you submit to Juno Baby regarding the Site, Juno
Baby or Juno Baby's products or services (the "Submissions"), whether by email, posting on the Site or other
submission method, are non-confidential and shall become the sole property of Juno Baby. Juno Baby shall
own, and you hereby assign to Juno Baby, all rights in and to such Submissions, including all intellectual
property rights, and Juno Baby shall be entitled to the unrestricted use and dissemination of the Submissions
for any purpose, commercial or otherwise, without acknowledgment or compensation to you. Please note that
Juno Baby does not guarantee that it will review any Submissions that you submit to us and will not be
required to return any Submissions you make.
12. User Content and Interactive Services or Areas
The Site may include interactive areas or services (“Interactive Areas”), such as blogs, forums, chat rooms or
other areas or services in which you or other users create, post, submit or store comments, messages, data,
information, text, music, sound, photos, video, graphics, applications, code, submissions or other items,
content or materials on the Site ("User Content"). You are solely responsible for your use of such Interactive
Areas and use them at your own risk. You agree not to post, submit, upload to, transmit, distribute, store,
create or otherwise publish through the Site any of the following:
- a. User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
- b. User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law, including, without limitation, the regulations of the U.S. Securities and Exchange Commission or any rules of a securities exchange such as the New York Stock Exchange, the American Stock Exchange or the NASDAQ;
- c. User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Content;
- d. User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
- e. Unsolicited promotions, political campaigning, advertising or solicitations;
- f. Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
- g. Viruses, corrupted data or other harmful, disruptive or destructive files;
- h. User Content that, in the sole judgment of Juno Baby, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Site, or which may expose Juno Baby or its users to any harm or liability of any type.
Juno Baby takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by
you or any third party, or for any loss or damage thereto, nor is Juno Baby liable for any mistakes,
defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter.
Your use of Interactive Areas is at your own risk. Enforcement of the user content or conduct rules set forth in
these Site Terms is solely at Juno Baby's discretion, and failure to enforce such rules in some instances does
not constitute a waiver of our right to enforce such rules in other instances. In addition, these rules do not
create any private right of action on the part of any third party or any reasonable expectation that the Site will
not contain any content that is prohibited by such rules. As a provider of interactive services, Juno Baby is
not liable for any statements, representations or User Content provided by its users in any public forum,
personal home page or other Interactive Area. Although Juno Baby has no obligation to screen, edit or
monitor any of the Content posted in any Interactive Area, Juno Baby reserves the right, and has absolute
discretion, to remove, screen or edit any User Content posted or stored on the Site at any time and for any
reason without notice, and you are solely responsible for creating backup copies of and replacing any User
Content you post or store on the Site at your sole cost and expense.. Any use of the Interactive Areas or
other portions of the Site in violation of the foregoing violates these Site Terms and may result in, among
other things, termination or suspension of your rights to use the Interactive Areas and/or the Site.
Except for Submissions and as otherwise provided by Juno Baby, you retain all copyright in the User Content
you post to the Site. However, you grant Juno Baby and its affiliates a nonexclusive, royalty-free, perpetual,
irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative
works from, distribute, perform and display such User Content throughout the world in any media on or in
connection with the Site. You grant Juno Baby and its affiliates and sublicensees the right to use the name
that you submit in connection with such content, if they choose. You represent and warrant that (a) you own
and control all of the rights to the User Content that you post or you otherwise have the right to post such
User Content to the Site; (b) the User Content is accurate and not misleading; and (c) use and posting of the
User Content you supply does not violate these Site Terms and will not violate any rights of or cause injury to
any person or entity.
13. Registration Data; Account Security
In consideration of your use of the Site, you agree to (a) provide accurate, current and complete information
about you as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain the
security of your password and identification; (c) maintain and promptly update the Registration Data, and any
other information you provide to Juno Baby, to keep it accurate, current and complete; and (d) accept all risks
of unauthorized access to the Registration Data and any other information you provide to Juno Baby.
14. Indemnification
You agree to defend, indemnify and hold harmless Juno Baby, its independent contractors, service providers
and consultants, and their respective directors, employees and agents, from and against any claims, damages,
costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or
related to any User Content you post, store or otherwise transmit on or through the Site or your use of the
Interactive Areas, including without limitation any actual or threatened suit, demand or claim made against
Juno Baby and/or its independent contractors, service providers, employees, directors or consultants, arising
out of or relating to the User Content, your conduct, your violation of these Site Terms or your violation of the
rights of any third party.
15. Disclaimer
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY JUNO BABY, THE SITE, THE SITE
MATERIALS CONTAINED THEREIN AND THE SERVICES PROVIDED ON OR IN CONNECTION THEREWITH (THE
"SERVICES") ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS
OR IMPLIED. JUNO BABY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT
LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE
AND NON-INFRINGEMENT AS TO THE INFORMATION, CONTENT AND MATERIALS IN THE SITE. JUNO BABY
DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THE SITE OR THE SERVICES ARE ACCURATE,
COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. JUNO BABY DOES NOT REPRESENT OR WARRANT THAT
THE SITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
JUNO BABY IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING,
TEXT OR PHOTOGRAPHY. WHILE JUNO BABY ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SITE AND
THE SERVICES SAFE, JUNO BABY CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS
SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE
INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.
Juno Baby reserves the right to change any and all content contained in the Site and any Services offered
through the Site at any time without notice. Reference to any products, services, processes or other
information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply
endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Juno Baby.
16. Limitation of Liability
IN NO EVENT SHALL JUNO BABY, ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY
DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND,
INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN
ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT
OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SITE, THE SERVICES, THE
CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING WITHOUT
LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION
OBTAINED FROM JUNO BABY, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION
OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY
FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS
FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO JUNO BABY'S RECORDS, PROGRAMS OR
SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF JUNO BABY, WHETHER IN CONTRACT,
WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT
LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR
INABILITY TO USE THE SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO JUNO BABY FOR ACCESS TO
OR USE OF THE SITE.
17. Applicable Law and Venue
These Site Terms and your use of the Site shall be governed by and construed in accordance with the laws of
the State of California, applicable to agreements made and to be entirely performed within the State of
California, without resort to its conflict of law provisions. You agree that any action at law or in equity arising
out of or relating to these Site Terms shall be filed only in the state and federal courts located in San Francisco
County, California and you hereby irrevocably and unconditionally consent and submit to the exclusive
jurisdiction of such courts over any suit, action or proceeding arising out of these Site Terms.
18. Termination
Notwithstanding any of these Site Terms, Juno Baby reserves the right, without notice and in its sole
discretion, to terminate your license to use the Site, and to block or prevent future your access to and use of
the Site.
19. Severability
If any provision of these Site Terms shall be deemed unlawful, void or for any reason unenforceable, then that
provision shall be deemed severable from these Site Terms and shall not affect the validity and enforceability
of any remaining provisions.
20. Questions & Contact Information
Questions or comments about the Site may be directed to Juno Baby at the email address
info@junobaby.com.
