Terms and Conditions
Last updated August 18, 2016.
Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the http://www.swingbabyink.com website (the "Service") operated by Swing Baby Ink, LLC ("us", "we", or "our").
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
What We Own
All material and services available on the Site, and all material and services provided by or through Swing Baby Ink, LLC, its affiliates, subsidiaries, employees, agents, licensors or other commercial partners including, but not limited to, blogs, software, all informational text, software documentation, design of and "look and feel," layout, photographs, graphics, audio, video, messages, interactive and instant messaging, design and functions, files, documents, images, or other materials, whether publicly posted or privately transmitted as well as all derivative works thereof (collectively, the "Materials"), are owned by us or other parties that have licensed their material or provided services to us, and are protected by copyright, trademark, trade secret and other intellectual property laws. All Swing Baby Ink trademarks and service marks, logos, slogans and taglines are the property of Swing Baby Ink, LLC. All other trademarks, service marks, logos, slogans and taglines are the property of their respective owners. Except as otherwise specifically provided herein, nothing should be construed as granting any license or right to use any trademarks, service marks, logos, slogans or taglines displayed on Swing Baby Ink’s website(s) or materials without our express written permission, or the express written permission of such third-party that may own the trademark, service mark, logo, slogan or tagline.
User Site Submissions, Feedback, and Social Media Submissions
All comments, feedback, postcards, suggestions, ideas, photographs, videos and other submissions disclosed, submitted or offered to Swing Baby Ink on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, "Site Submissions") shall be and remain Swing Baby Ink's property. Such disclosure, submission or offer of any Site Submissions shall constitute an assignment to Swing Baby Ink of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Submissions. Thus, Swing Baby Ink will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Site Submissions. Swing Baby Ink is and shall be under no obligation (1) to maintain any Site Submissions in confidence; (2) to pay to user any compensation for any Site Submissions; or (3) to respond to any user Site Submissions. You are and shall remain solely responsible for the content of any Site Submissions you make. Swing Baby Ink does not endorse any Site Submissions or any opinion, recommendation, or advice expressed therein, and expressly disclaims any and all liability in connection with such Site Submissions. Swing Baby Ink reserves the right to remove any Site Submission without prior notice (or to refuse to publish any Site Submission) for any reason, and to terminate or refuse you access to the Site for any reason.
You may post or upload content you have created, including without limitation, photographs, your social media handle, videos, and comments (collectively, "Social Media Submissions") to your social media accounts. By posting and uploading Social Media Submissions that you have tagged with #swingbabyink or other Swing Baby Ink brand hashtags, you grant to Swing Baby Ink and its third-party service providers who provide content management services (collectively, the "Licensed Parties") the perpetual, irrevocable, royalty-free, fully-paid, non-exclusive, transferable right to use your Swing Baby Ink-tagged Social Media Submissions in any manner to be determined in Swing Baby Ink’s sole discretion, including but not limited to on its webpages, social media pages operated by Swing Baby Ink, and in its other marketing, promotional and advertising initiatives, in any media now or hereafter known. Swing Baby Ink may use, display, reproduce, distribute, transmit, create derivative works from, combine with other materials, alter and/or edit your Social Media Submissions in any manner in its sole discretion, with no obligation to you whatsoever. You grant the Licensed Parties the right to use your username, real name, image, likeness, caption, location or other identifying information in connection with any use of your Social Media Submissions.
You hereby represent and warrant that (i) you own all rights in and to your Site Submissions and Social Media Submissions, (ii) you have permission from all person(s) appearing in your Site Submissions and Social Media Submissions to grant the rights granted herein; (iii) you are not a minor, and (iv) the Licensed Parties' use of your Social Media Submissions as described herein and Swing Baby Ink’s use of the Site Submissions will not violate the rights of any third party or any law and will not contain any unlawful, abusive or obscene material. You hereby release, discharge and agree to hold Swing Baby Ink, the Licensed Parties, and any person acting on Swing Baby Ink’s or their behalf harmless from any liability related in any way to the use of your Site Submissions or Social Media Submissions.
Product and Pricing Information
Although Swing Baby Ink has made every effort to display our products, their colors, sizes, and graphics as accurately as possible, the displayed images of the products will depend upon the monitor of the user, and Swing Baby Ink cannot guarantee that the user's monitor will accurately portray the actual colors of the products. Products displayed may be out-of-stock or discontinued, and prices are subject to change. Swing Baby Ink is not responsible for typographical errors regarding price or any other matter.
We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Comments and Feedback
Any questions, comments, suggestions, ideas, feedback, reviews, or other information provided by you to us (“Comments”) are not confidential and you hereby grant us a worldwide, perpetual, irrevocable, royalty-free license to reproduce, display, perform, distribute, publish, modify, edit or otherwise use such Comments as we deem appropriate, for any and all commercial and/or non-commercial purposes, in our sole discretion.
Swing Baby Ink, LLC may, but has no obligation to, monitor Content on the Site or websites created using our Services. We may disclose any information necessary or appropriate to satisfy our legal obligations, protect Swing Baby Ink, LLC or its customers, or operate the Services properly. Swing Baby Ink, LLC, in its sole discretion, may refuse to post, remove, or require you to remove, any Content, in whole or in part, alleged to be unacceptable, undesirable, inappropriate, or in violation of this Agreement.
Links To Other Web Sites
Our Service may contain links to thirdparty web sites or services that are not owned or controlled by Swing Baby Ink, LLC.Swing Baby Ink, LLC has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Swing Baby Ink, LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any thirdparty web sites or services that you visit.
These Terms shall be governed and construed in accordance with the laws of The United States of America, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
Occassionally there may be information on swingbabyink.com that contains errors, inaccuracies, or omissions. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice.
THIS SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR SITE, AND THAT SWING BABY INK SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE.
If you have any questions about these Terms, please contact us at firstname.lastname@example.org.