TERMS & CONDITIONS
This Web site is operated by Baby Phat Holding Company LLC. (Baby Phat). The Web site address for Baby Phat is www.babyphat.com. All users of this Web site agree that their access to and use of this web site are subject to the terms and conditions set forth in this legal notice and all applicable laws, and that any such access or use is undertaken at the user's own risk. These terms and conditions are further subject to change at any time without prior notice, such change will be posted.
2. Security. We strive to protect your personal information submitted to us as we would our own.
3. Site Content and Marks. You acknowledge and agree that Baby Phat’s name and trademarks and other graphics, logos, slogans and service names used by Baby Phat on the Site are owned by Baby Phat, are protected by applicable trademark and other intellectual property rights and laws and you have no rights with respect thereto. You also acknowledge and agree that all designs, concepts and content, including photographs, on the Site are owned by Baby Phat and are protected by applicable copyright laws.
4. Limited Licenses and Permissions. We grant you a limited license and permission to access and make personal use of the Site, but not to download any portion of it for any commercial purpose or to modify any portion of it. You agree not to store in any form, distribute, transmit, display, reproduce, modify, create derivative works from, sell or otherwise exploit any of the content on the Site for any commercial purpose. You may occasionally solely for personal, non-commercial use (i) print a single copy of pages of the Site or (ii) copy a picture or a description of a product from the Site on your blog or share a photograph or description of a product from the Site through use of your social media account, but you may not otherwise reproduce any material appearing on the Site without our prior written consent. No right, title or interest in any of the content on the Site is granted to you by such copying.
5. Products. While we have tried to actually display the colors of products, the actual colors you will see depend on your monitor and may not be accurate. The prices displayed on the Site are quoted in U.S. dollars, unless otherwise indicated.
6. Availability of Products on The Site. Merchandise availability on the Site is not guaranteed. While we endeavor to keep the Site current, we do not guarantee that all items featured on the Site at any time remain available for purchase at the time you visit the Site. You will receive a shipping confirmation e-mail once your items have been shipped.
7. Reliance. We and our third party processors may rely upon any notice, purchase order or any other document which purports to have been transmitted by you or signed by you and we shall have no duty to make any inquiry or investigation.
9. Feedback and Comments. The use or submission of information to this site including, but not limited to, feedback, questions, comments, suggestions, ideas, graphics or computer files of any type are hereby assigned to the site owner. You agree that you shall not provide any submissions that violate any applicable laws or regulations or that infringe or misappropriate any third party’s rights or that are libelous, obscene or violate a third party’s privacy rights.
10. Disclaimers of Warranties. THE SITE, ALL CONTENTS AND ALL PRODUCTS AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED. ALTHOUGH BABY PHAT ENDEAVORS TO PROVIDE ACCURATE INFORMATION ON THE SITE, IT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE ACCURACY OR RELIABILITY OF INFORMATION ON THE SITE. BABY PHAT DOES NOT WARRANT THAT THE DESCRIPTIONS OF THE PRODUCTS INCLUDED IN OR AVAILABLE THROUGH THE SITE ARE ACCURATE, RELIABLE OR CORRECT. BABY PHAT DOES NOT WARRANT THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED OR THAT THE SITE IS FREE OF VIRUSES. YOUR USE OF THE SITE IS SOLELY AT YOUR OWN RISK. TO THE FULLEST EXTENT NOT PROHIBITED BY APPLICABLE LAW, BABY PHAT HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE SITE AND THE CONTENT ON THE SITE, INCLUDING, BUT NOT LIMITED TO ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE AND NON-INFRINGEMENT.
11. Restriction on Your Use. While using the Site, you will not: (i) violate any laws, third party rights, or our policies set forth on the Site; (ii) use any content (including, without limitation, all designs and photographs) on the Site for any commercial purposes; (iii) post false, inaccurate, misleading, defamatory, or libelous content (including personal information); (iv) distribute or post spam, chain letters, or pyramid schemes on or through the Site; or (v) impair, disable or otherwise adversely affect the Site or the functionality or operation of the Site, including without limitation, distributing, submitting, posting or uploading any materials that contain or distribute viruses or disabling code, files, programs or any other technologies that may harm Baby Phat, the Site or any other Site user.
In addition, you will not (i) harvest or otherwise collect (a) information, designs or content provided on the Site or (b) information with respect to any Site’s users, including e-mail addresses; (ii) provide any links, frames or tags to or of any content on the Site (including, without limitation, designs and photographs) without our express written consent, except that you may on an occasional basis for non-commercial purposes only provide a link to a photograph or a description of a product from the Site to your blog or share a photograph or description of a product from the Site through use of your social media account; or (iii) use any spiders, automated programs, scripts, robots, software or any similar devices that obtain, copy or link to content or information on the Site or with respect to the Site’s users, or affect the operation of the Site.
13. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL BABY PHAT, ITS AFFILIATES, DIRECTORS, OFFICERS, MEMBERS AND MANAGERS OR ITS THIRD PARTY VENDORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES WITH RESPECT TO OR THAT ARISE OUT OF THE USE OF THE SITE, THE SERVICES OR PRODUCTS PROVIDED BY BABY PHAT, THE INABILITY TO USE THE SITE OR OTHERWISE. THIS LIMITATION APPLIES WHETHER THE LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF BABY PHAT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN UNDER CIRCUMSTANCES THAT CAUSE ANY REMEDY TO FAIL OF ITS ESSENTIAL PURPOSE. IN NO EVENT WILL OUR DAMAGES TO YOU, REGARDLESS OF THE BASIS FOR THE UNDERLYING CLAIM, EXCEED THE AMOUNT YOU HAVE PAID FOR PURCHASES ON THE SITE DURING THE SIX (6) MONTH PERIOD PRIOR TO BRINGING SUCH CLAIM.