Terms of Use

HAPPIEST BABY, INC.
TERMS OF USE

Updated October 31, 2019

1. YOUR ACCEPTANCE

A. In these Terms of Use, when we refer to "HBI", "we", "us" or "our", we are referring to Happiest Baby, Inc. with registered address of 3115 South La Cienega Boulevard, Los Angeles, California 90016, which is also our main trading address.

By using and/or visiting this website, happiestbaby.co.uk (the “Website”), you signify your agreement to these terms and conditions (the “Terms of Use”). If you do not agree to any of these Terms of Use, do not use the Website. The Website is owned and operated by us.

B. We may change these Terms of Use at any time to reflect changes in or to: (i) relevant laws or regulatory requirements; (ii) our business; (iii) security, technical or operational issues; (iii) our products and/or services; and/or (iv) the Website's functionality or features.

If we change these Terms of Use we will notify you of these changes.

By accepting revised Terms of Use you agree to comply with them, unless you prove that you did not have a chance to review them. If you do not agree to the revisions, you must stop using the Website.

2. WEBSITE

These Terms of Use apply to all users of the Website. The Website may contain links to third-party websites that are not owned or controlled by HBI. HBI has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. In addition, HBI will not and cannot censor or edit the content of any third-party site.

3. GENERAL USE OF THE WEBSITE – PERMISSIONS AND RESTRICTIONS

HBI hereby grants you permission to access and use the Website as set out in these Terms of Use provided that:

A. You agree not to distribute in any medium any part of the Website without HBI’s prior written authorisation.

B. You agree not to commercially use the Website without the prior written authorisation of HBI in each instance. Prohibited commercial uses include but are not limited to any of the following actions taken without HBI’s express written approval:

I. sale of access to the Website or its related services on another website;

II. use of the Website or its related services and products for the primary purpose of gaining advertising or subscription revenue; and

III. any use of the Website or its related services and products in competition with HBI or HBI’s content.

C. You agree not to use or launch any automated system, including without limitation, robots, spiders, screen scrapers, offline readers, or systems that access the Website in a manner that sends more request messages to the HBI servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. HBI reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personal data, including account names, from the Website, nor to use the communication systems provided by the Website, including but not limited to comments and/or emails, for any commercial solicitation purposes.

D. You will comply with these Terms of Use, and any laws applicable to your use of the Website.

E. Your purchase of products from this Website is subject to HBI’s Terms of Sale which set our terms and conditions applicable to the order, delivery and return of products offered through this Website.

F. Your use of any web or app based service offered in connection with this Website or an HBI app or product (collectively, a “Service”) is subject to the Terms of Service (“Terms of Service”) applicable to such Service.

G. HBI reserves the right to in its sole discretion, filter, censor, edit or regulate information and content provided by third parties on this Website, including third-party Disclosures (as defined in Section 4(E) below) and any other information provided, including but not limited to comment and/or other interactive areas. HBI neither endorses nor is responsible for (and under no circumstances shall be liable for) the contents, accuracy or reliability of such information and content.

4. YOUR USE OF CONTENT ON THE WEBSITE

In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the Website.

A. The content on the Website, including without limitation, the text, books, CDs, DVDs, software, graphics, forums, photos, sounds, music, videos, interactive features and the like (“Content”) and the trademarks, service marks, logos, insignias and other intellectual property contained therein (“Marks”), are owned by or licensed to HBI, subject to copyright and other intellectual property rights under the law. Content also includes the “look and feel” of the Website (including its design, layout, color combinations, button shapes and other graphical elements) which are protected by HBI’s or its licensors’ service marks, trademarks and copyrights. Content on the Website is provided to you for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of HBI. HBI reserves all rights not expressly granted in and to the Website and the Content.

B. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted in these Terms of Use, including any use, copying, or distribution of Content for any commercial purposes.

C. You agree not to circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any Content, or enforce limitations on use of the Website or the Content.

D. HBI grants you a limited, terminable, non-sublicensable licence to display the Content solely for your personal use in connection with viewing the Website. Any rights not expressly granted herein are hereby reserved by HBI.

E. Any creative ideas, suggestions or other materials you disclose or offer to us in connection with this Website ("Disclosures"), including e-mails to HBI or posts on interactive portions of this Website, shall be freely usable by HBI for any purpose whatsoever, including but not limited to publishing, developing, distributing and marketing content or services using such information. Any Disclosure is provided by you on a non-confidential basis, with no obligation on our part to keep such information secret. If you provide your name or other biographical information in connection with your Disclosure, that information will be considered part of your Disclosure and usable as provided in this Section, including by publicly identifying you as the source of the Disclosure. By uploading or otherwise providing any Disclosure to this Website or HBI, you hereby grant HBI the unlimited, non-terminable, perpetual right to reuse, redistribute, modify or create derivative works from such Disclosure for any purpose and in any media without compensation, and you promise that all “moral rights” in uploaded materials have been waived. You further grant us the right in our discretion to use any name or biographical information that you submit in connection with your content. You promise that you own or otherwise possess sufficient rights to your Disclosures for use as contemplated in these Terms of Use; that the Disclosure content is accurate; and that use of the Disclosure content you supply does not breach these Terms of Use and will not cause injury to any person or entity.

5. DEALINGS WITH ADVERTISERS

Your correspondence or other business dealings with, or participation in promotions of, advertisers found on or through the Website, including payment and delivery of related goods or services from such providers, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such advertiser. You agree that HBI shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Website.

6. DISCLAIMERS

Nothing stated or posted on the website is intended to be, and should not be taken to be, the dispensation of medical advice or the practice of medicine. Any website materials, such as text, graphics, images, and information obtained from the website are for informational purposes only. The Website is not intended to offer or be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your own doctor or other qualified health provider with any questions you may have regarding any medical condition. If you think you may have a medical emergency, call your doctor or emergency services immediately.

7. LIMITATION OF LIABILITY

Nothing these Terms of Use shall exclude or limited (a) any person's liability for death or personal injury caused by negligence or (b) liability for fraud. Nothing in these Terms of Use is intended to affect your legal rights as a consumer.

HBI will not be liable to you for any losses or damages suffered by you that: (i) were not reasonably foreseeable by you and us at the time you accepted these Terms of Use - loss or damage is reasonably foreseeable if either it is obvious at the time you accepted these Terms of Use that it may happen or, both you and we knew it might happen, for example, if you and we discussed it; or (ii) are not caused by us breaking a term of these Terms of Use, or any other failure by us.

You acknowledge that the Website cannot be guaranteed to be error free and further acknowledge that the existence of any such errors will not constitute a breach of these Terms of Use. HBI does not guarantee any specific results from the use of the Website. Although HBI takes reasonable precautions to prevent the existence of computer viruses and/or other malicious programs in the Website, we cannot guarantee that there will not be any.

8. ABILITY TO ACCEPT TERMS OF USE

You confirm that you are of sufficient legal age in your jurisdiction or residence, or possess legal parental or guardian consent, and are fully able and competent to enter into, and to abide by and comply with these Terms of Use.

9. TERMINATION OF USE

HBI may, in its sole discretion, change, suspend or discontinue any aspect of the Website at any time with or without notice, including the availability of any Website feature, database, or Content. HBI may also impose limits on certain features and services or restrict your access to parts of the Website, or the entire Website, with or without notice, at any time, in HBI’s exclusive discretion, for any reason or purpose, including, but not limited to, conduct that HBI reasonably believes breaches these Terms of Use or other policies or guidelines posted on the Website. Upon any termination of these Terms of Use, you shall immediately discontinue your use of the Website and destroy all materials obtained from it.

10. DISPUTES

We will do our best to resolve any disputes over these Terms of Use.

These Terms of Use, their subject matter and its formation, are governed by English law. However, if you are a consumer and resident of any European Union country you will benefit from mandatory provisions of, and legal rights available to you under, the laws of that country. Nothing in these Terms of Use affects your rights as a consumer to rely on these local law mandatory provisions and legal rights.

You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a consumer and resident of any other country you and we may also bring proceedings in that country.

11. GENERAL

If a court finds part of these Terms of Use illegal, the rest will continue in force. Each of the paragraphs of these Terms of Use operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

HBI may provide notifications to you as required by law or for or other purposes via (at its option) email to the primary email associated with your account, mobile notifications, hard copy, or posting of such notice on our website. HBI is not responsible for any automatic filtering you or your network provider may apply to email notifications.

In the event of any questions or comments or to request further information, we may be contacted at 3115 South La Cienega Boulevard, Los Angeles, California 90016, or by email at customercare-eu@happiestbaby.com.