Your Only Local Cloth Diaper Service

The Green Choice for your Baby and the Environment

TINKLE BELLE DIAPER SERVICE LLC

WEBSITE TERMS OF USE

Effective April 8, 2016

Welcome to the Tinkle Belle Service LLC (“Tinkle Belle”) website located at www.tinklebellediaperservice.com (the “Site”).  The Site is provided as a service to our customers.   Please review the following terms and conditions of use, which govern your use of the Site (the “Agreement”).

  1. BINDING EFFECT.  This is a binding agreement.  By using this Site or any services provided in connection with the Site (the “Service”), you agree to abide by these Terms of Use, as they may be amended by Tinkle Belle from time to time in its sole discretion.  It is your responsibility to review these Term of Use periodically, and if at any time you find these Terms of Use unacceptable, you must immediately leave the Site and cease all use of the Service and the Site.  YOU AGREE THAT BY USING THE SERVICE YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT

  2. PRIVACY POLICY.  Tinkle Belle respects your privacy and permits you to control the treatment of your personal information.  A complete statement of Tinkle Belle’s current privacy policy can be found by clicking here[DD1] .  Tinkle Belle’s privacy policy is expressly incorporated into this Agreement by this reference. 
  1. ACCOUNT SECURITY.  When you are required to open an account to use or access the Site or Service, you must complete the registration process by providing the complete and accurate information requested on the registration form.  You will also be asked to provide a username and password.  You are entirely responsible for maintaining the confidentiality of your password.  You may not use the account or password of someone else at any time.  You agree to notify Tinkle Belle Diaper Service immediately of any unauthorized use of your account or password.  Tinkle Belle shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge.  You may be held liable for any losses incurred by Tinkle Belle, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account or password.
  1. SITE CONTENT.  Unless otherwise noted, the Site, and all materials on each page comprising it, including text, images, illustrations, designs, icons, photographs, video clips, and other materials, and the copyrights, trademarks, trade dress, and/or other intellectual property in such materials (collectively, the “Contents”), are owned, controlled, or licensed by Tinkle Belle Diaper Service.  The Site and the Contents are intended solely for personal, non-commercial use.  You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only.  No right, title, or interest in any downloaded Content is transferred to you as a result of any such downloading or copying.  You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell, or exploit in any way any of the Contents, the Service, or the Site.  Unless otherwise specified, the Site and the Contents are intended to promote Tinkle Belle’s services and products available in the United States.  The Site is controlled and operated by Tinkle Belle Diaper Service from its offices in Santa Barbara, California.  The content on the Site does not constitute medical advice. 
  1. USER CONTENT.  Tinkle Belle Diaper Service is pleased to hear from you and welcomes your comments regarding its services and products.  You grant Tinkle Belle a perpetual, world-wide, royalty-free, assignable license to use the materials you post or otherwise distribute to the Site or Service.  By posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content (“User Content”) to the Site or Service, you are granting Tinkle Belle, its affiliates, officers, directors, employees, consultants, agents, and representatives a perpetual, world-wide, royalty-free, assignable license to use User Content in connection with the operation of the Internet business of Tinkle Belle Diaper Service, its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content.  You will not be compensated for any User Content.  You agree that Tinkle Belle may publish or otherwise disclose your name in connection with your User Content.  By posting User Content on the Site or Service, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content.
  1. COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS.  When accessing the Site or using the Services, you agree to obey the law and to respect the intellectual property rights of others.  Your use of the Service and the Site is at all times governed by and subject to the laws regarding copyright ownership and use of intellectual property.  You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, “Content”) in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights.  You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit.  The burden of proving that any Content does not violate any laws or third party rights rests solely on you.
  1. INAPPROPRIATE CONTENT.  You shall not make the following types of Content available.  You agree not to upload, download, display, perform, transmit, or otherwise distribute any Content that (a) is libelous, defamatory, obscene, pornographic, abusive, or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for goods or services.  Tinkle Belle Diaper Service reserves the right to terminate your receipt, transmission, or other distribution of any such material from its servers. Tinkle Belle intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws.
  1. ALLEGED VIOLATIONS.      Tinkle Belle Diaper Service reserves the right to terminate your use of the Service and/or the Site, with or without notice to you, and without liability to you, if Tinkle Belle believes that you have violated any of the Terms of Use, furnished Tinkle Belle with false or misleading information, or interfered with the use of the Site or the Service by others.

  2. NO WARRANTIES.  TINKLE BELLE DIAPER SERVICE HEREBY DISCLAIMS ALL WARRANTIES.  TINKLE BELLE IS MAKING THE SITE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND.  YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICE.  TO THE MAXIMUM EXTENT PERMITTED BY LAW, TINKLE BELLE EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.  TINKLE BELLE DOES NOT WARRANT THAT THE SITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.

  3. LIMITED LIABILITY.  TINKLE BELLE DIAPER SERVICE’S LIABLITY TO YOU IS LIMITED.  TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL TINKLE BELLE BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY TINKLE BELLE DIAPER SERVICE.  This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.

  4. AFFILIATED SITES.  Tinkle Belle has no control over, and no liability for, any third party websites or materials.  Tinkle Belle Diaper Service works with a number of partners and affiliates whose Internet sites may be linked with the Site.  Because neither Tinkle Belle nor the Site has control over the content and performance of these partner and affiliate sites, Tinkle Belle makes no guarantees about the accuracy, currency, content, or quality of information provided by such sites, and Tinkle Belle assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful conduct that may reside on those sites.  Similarly, from time to time in connection with your use of the Site, you may have access to content items, including, but not limited to, websites, that are owned by third parties.  You acknowledge and agree that Tinkle Belle makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content, and that, unless expressly provided otherwise, these Terms of Use shall govern your use of any and all third party content.

  5. PROHIBITED USES.  Tinkle Belle Diaper Service imposes certain restrictions on your permissible use of the Site and the Service. You are prohibited from violating or attempting to violate any security features of the Site or Service, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Service, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading, “flooding,” “spamming,” ”mail bombing,” or “crashing;” (d) using the Site or Service to send unsolicited e-mail, including, without limitation, promotions, or advertisements, for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Tinkle Belle in providing the Site or Service.  Any violation of system or network security may subject you to civil and/or criminal liability.

  6. INDEMNITY.  You agree to indemnify Tinkle Belle for certain of your acts and omissions.  You agree to indemnify, defend, and hold harmless Tinkle Belle, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site, your violation of these Terms of Use, or your infringement, or infringement by any other users of your account, of any intellectual property or other right of any person or entity.  Tinkle Belle will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.

  7. COPYRIGHT; TRADEMARK.  All contents of Site or Service are Copyright © 2016 Tinkle Belle Diaper Service, 431 De La Vina Street, Santa Barbara, California 93101.  All rights reserved.  TINKLE BELLE DIAPER SERVICE™ and the Tinkle Belle logo are trademarks which are owned and controlled by Tinkle Belle Diaper Service, and are protected by trademark laws and various other intellectual property rights and unfair competition laws.  You may not use either of these trademarks to designate the source of goods without Tinkle Belle’s express prior written consent.

  8. GOVERNING LAW.  These Terms of Use shall be construed in accordance with and governed by the laws of the United States and the State of California, without reference to their rules regarding conflicts of law.  You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in Santa Barbara, California, USA in all disputes arising out of or related to the use of the Site or Service.

  9. SEVERABILITY; WAIVER.  If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect.  No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions of these Terms of Use, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

  10. NO LICENSE.  Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by Tinkle Belle or any third party.

  11. CALIFORNIA USE ONLY. This Site is controlled and operated by Tinkle Belle Diaper Service from its offices in the State of California.  Tinkle Belle makes no representation that any of the materials or the services to which you have been given access are available or appropriate for use in other locations.  Your use of or access to the Site should not be construed as Tinkle Belle’s purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than California.

  12. CHANGES TO TERMS OF USE.  Tinkle Belle may at any time, in its sole discretion and without prior notice: (a) revise these Terms of Use; (b) modify the Site and/or the Service; and (c) discontinue the Site and/or Service.  Tinkle Belle will date and post the most current version of these Terms of Use on the Site.  Any changes will be effective immediately upon posting of the revised version.  Amended dispute resolution terms do not apply to any dispute of which the parties had actual notice before the date of the amendment.  It is your responsibility to review these Terms of Use from time to time to ensure that you continue to agree with all of its terms.  Any time we change these Term of Use, Tinkle Belle will notify you of the update by email if in our database, and by posting a notice on the Site.  You agree to review these Terms of Use and other online policies posted on the Site periodically to be aware of any revisions.  You agree that, by continuing to use or access the Site following notice of any revision, you should abide by any such revision.

  13. ACKNOWLEDGEMENT.  BY USING THE SERVICE OR ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.

Effective on [April 8, 2016].

[Updated on [April 8, 2016]: Section ALL; [original posting].]