Website Terms of Use
Tinkle Belle Diaper Service LLC
Effective April 8th, 2016
Welcome to the Tinkle Belle Diaper 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 Terms 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 YOURS 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 state of Tinkle Belle's current privacy policy can be found by clicking here [DD1]. Tinkle Belle's privacy policy is expressly incorporated into the Agreement by this reference.
3. 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 may 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.
4. 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 California. The content on the Site does not constitute medical advice.
5. 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. By posting User Content on the Site or Service, you warrant and represent that you own right to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content.
6. Compliance with Intellectual Property Law
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.
7. 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 lability, 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.
8. 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.
9. 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. TINKEL 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.
10. Limited Liability
TINKLE BELLE DIAPER SERVICE'S LIABILITY 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.
11. Affiliated Sites
Tinkle Belle has no control over, and no lability for, any third party websites or materials. Tinkle Belle Diaper Service works with a number of partners and affiliates whose Internet site 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.
12. 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 of service; (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.
13. 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.
14. Copyright; Trademark
All contents of Site or Service are Copyright © 2016 Tinkle Belle Diaper Service, 529 5th Street, Solvang, CA 93463. 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.
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