Please read these terms carefully before using this website.
THE PROVISIONS GOVERNING YOUR USE OF THE SWADDLE WEBSITE:
LINKS TO THIRD PARTY WEBSITES:
The Website may contain links to third party websites that are not owned or controlled by The Swaddle. The Swaddle has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, The Swaddle will not and cannot censor or edit the content of any third party site. By using the Website, you expressly relieve The Swaddle from any and all liability arising from your use of this Website and any third party website as described above.
THE SWADDLE WILL NOT BE A PARTY TO, OR IN ANY WAY RESPONSIBLE FOR, ANY TRANSACTION CONCERNING PRODUCTS OR SERVICES MADE AVAILABLE FROM SUCH THIRD PARTIES OR FOR ANY CONTENT OR INFORMATION PRESENTED IN CONNECTION WITH ANY SUCH PRODUCTS OR SERVICES.
USE OF WEBSITE:
Access to the website is only for personal, non-commercial use. The user undertakes not to alter, modify or change any part of the Website without prior written authorization from the website. Any unauthorised or illegal access to the website is strictly prohibited and may lead to legal action by The Swaddle. The contents of the Website represent the personal opinions of the authors; the Website does not subscribe to the views of the authors and does not in any way confirm or deny the opinion expressed therein, and these shall not be treated as the opinions of The Swaddle.
REGISTRATION AND SECURITY:
In order to access some features of the Website, you may in the future have to create an account. You may never use another user’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify The Swaddle immediately of any breach of security or unauthorized use of your account. Although The Swaddle will not be liable for any losses caused by unauthorized use of your account, you may be liable for the losses to The Swaddle or others due to such unauthorized use. In consideration of your use of the Website and services, you agree, where information is requested, to provide true, accurate, current, and complete information about yourself, and to maintain and update it promptly. You agree that if any information you provide is false, inaccurate, not current, or incomplete, we may terminate your use of the Website and/or the services. You are responsible for maintaining the confidentiality of your password, and agree not to transfer your use of or access to the Website or services to any third party. You are fully responsible for all activities that occur under your password or user name, including, without limitation, purchases. You agree to (a) immediately notify us of any unauthorized use of your password or user name or any other breach of security, and (b) ensure that you exit from your account at the end of each session. We are not liable for any loss or damage arising from your failure to comply with all of the foregoing obligations.
You may not enter, select or use a false name or an email address owned or controlled by another person with the intent to impersonate that person or use as a User ID, a name subject to any rights of another person without appropriate authorization. The Swaddle reserves the right to refuse registration of, or cancel a User ID in its discretion.
The Website, including the services provided on the Website, are for the personal use of users only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by The Swaddle. Illegal and/or unauthorized use of the Website, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from member profiles without notice and may result in termination of membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of The Swaddle services.
CONTENT NOT TO BE CONSTRUED AS MEDICAL ADVICE
THE CONTENT PRESENTED ON THE WEBSITE IS FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY. IT IS NOT INTENDED AS MEDICAL OR HEALTHCARE ADVICE, OR TO BE USED FOR MEDICAL DIAGNOSIS OR TREATMENT, FOR ANY INDIVIDUAL PROBLEM. THIS SITE DOES NOT PROVIDE MEDICAL ADVICE AND IS NOT A SUBSTITUTE FOR PROFESSIONAL ADVICE, DIAGNOSIS, OR TREATMENT. THIS WEBSITE DOESNOT ENDORSE ANY MEDICAL TREATMENT, SPECIFIC TESTS, PHYSICIANS PRODUCTS, OR PROCEDURES. FOR ANY ISSUES RELATING TO YOUR SPECIFIC MEDICAL CONDITION, YOU SHOULD SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIER. NOTHING ON THIS SITE SHOULD BE CONSTRUED AS A SUBSTITUTE FOR PERSONALIZED CARE FROM A QUALIFIED HEATLHCARE PROFESSIONAL. NEITHER THESWADDLE NOR ITS PUBLISHED CONTRIBUTORS SHALL BE RESPONSIBLE FOR ANY TREATMENT OR ACTION TAKEN BY THE USER BASED ON THE INFORMATION PROVIDED ON WWW.THESWADDLE.COM.
INTELLECTUAL PROPERTY RIGHTS AND RE- TRANSMISSION OF INFORMATION:
You may not rent, lease, sublicense, distribute, transfer, copy, reproduce, publicly display, publish, adapt, store or time-share The Swaddle, any part thereof, or any of the software, application or information received or accessed there from to or through any other person or entity unless separately and specifically authorized in writing by The Swaddle prior to such use. In addition, you may not remove, alter or obscure any copyright, legal or proprietary notices in or on any portions of The Swaddle without prior written authorization.
The Swaddle reserves all rights not expressly granted in and to the Website and the Content. You agree not to engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes. 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 therein.
DOMAIN NAME/TRADE MARK:
The Swaddle is a proprietary registered domain name. The combination of the swaddle graphic and lettering depicted at the top of the Website homepage is a Trademark and cannot be used without The Swaddle’s express permission.
All content available on this Website is protected by copyright law (depicted as ©The Swaddle All rights reserved).
DELAYS IN SERVICES:
The Swaddle shall not be liable for any loss or liability resulting, directly or indirectly, from delays or interruptions due to electronic or mechanical equipment failures, telephone interconnect problems, defects, weather, strikes, walkouts, fire, acts of God, riots, armed conflicts, acts of war, or other like causes. The Website shall have no responsibility to provide you access to the Website while interruption of the Website is due to any such cause shall continue.
SUBMISSIONS TO THE WEBSITE:
You are solely responsible for submitted content including without limitation, information, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features, messages, reviews and opinions about products, services, comments to other people’s opinions, blogs, articles, entertainment listings and the like, whether publicly or privately transmitted or posted (“Posts”) on the Website, and any material or information that you transmit to other users for your interactions with other users. The Swaddle does not endorse and has no control over Posts. Posts are not necessarily reviewed by The Swaddle prior to publication and they do not necessarily reflect the opinions or policies of the Website. The Swaddle makes no warranties, express or implied, as to the Posts submitted by users or to the accuracy, completeness, safety, timelines, legality, quality and reliability of the Posts submitted by users or any material or information that you transmit to other Users.
Under no circumstances, we will be liable in any way for any Post, including, but not limited to, threatening, defamatory, obscene, offensive, illegal content, infringement of other’s rights including intellectual property rights, for any errors or omissions in any Post, or for any loss or damage of any kind incurred as a result of the use of any such content posted or uploaded. By posting comments, you agree not to upload, post, or otherwise transmit any matter or views which are threatening, defamatory, abusive, obscene, offensive, illegal, or constitute infringement of others’ rights including intellectual property rights, invade another’s privacy, or are hateful or racially, ethnically, or otherwise objectionable or contrary to public order or national harmony in all relevant jurisdictions. You may also not indulge in cyber stalking, become or create a nuisance for any person or User or download any file posted by another User, that you know, or reasonably should know, cannot be legally distributed in such manner.
The Swaddle reserves the right to, but has no obligation to, monitor disputes between you and any entity about which you have created a Post.
In addition to what is stipulated above, the following is a non-exhaustive list of the kind of Post and communications that are illegal or prohibited on/through the Website. The Swaddle reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Website service and terminating the membership of such violators or blocking your use of The Swaddle service and/or the Website.
You may not create Posts that:
- are false or intentionally misleading;
- are patently offensive to Users of the Website, such as Posts or messages that promote
racism, bigotry, hatred, or physical harm of any kind against any group or individual;
- harass or advocate harassment of another person;
- involve the transmission of unsolicited mass mailing or “spamming”;
- promote illegal activities or conduct that is abusive;
- are threatening, obscene, defamatory, or libelous.
IMPORTANT USAGE CONDITIONS AND RELATED PROVISIONS:
The Website may now or in the future permit the submission of videos or other communications submitted by you and other users (“User Submissions”) and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, The Swaddle does not guarantee any confidentiality with respect to any submissions. Further we assume no responsibility as to the accuracy and authenticity of the content of the User Submissions. However the User Submissions shall be in accordance with the following guidelines:
- You declare and undertake that the User Submission is the original work and that you own the copyright and other relevant licenses, rights, consents, and permissions to use and authorise The Swaddle to use;
- You retain all ownership rights in your User Submissions;
- You grant us a non-exclusive, perpetual, royalty-free, worldwide, sub-licensable and transferable license to republish any material you submit to us in any format, including, without limitation, print and electronic format;
- You undertake and confirm that the User Submissions does not contain anything obscene, offensive, defamatory of any person or otherwise illegal;
- You agree that the User Submissions is not misrepresentations that could damage The Swaddle or any third party;
- You agree not to post material including spamming which is deliberately intended to upset other users.
YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THE SWADDLE, ITS OWNERS, AFFILIATES, GROUP COMPANIES, ASSOCIATED ENTITIES, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. THE SWADDLE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS WEBSITE’S CONTENT, INFORMATION, SOFTWARE, PRODUCTS, FEATURES AND SERVICES OR THE CONTENT OF ANY SITES LINKED TO THIS WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS, OMISSIONS, INTERRUPTIONS, DELETIONS, DEFECTS, DELAY IN OPERATION OR TRANSMISSION IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. THE SWADDLE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND THE SWADDLE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
INCLUSION OF ANY LINKED WEBSITE ON THE WEBSITE DOES NOT IMPLY APPROVAL OR ENDORSEMENT OF THE LINKED WEBSITE BY THE SWADDLE. WHEN YOU ACCESS THESE THIRD-PARTY SITES, YOU DO SO AT YOUR OWN RISK. THE SWADDLE TAKES NO RESPONSIBILITY FOR THIRD PARTY ADVERTISEMENTS WHICH ARE POSTED ON THE WEBSITE OR THROUGH THE SWADDLE, NOR DOES IT TAKE ANY RESPONSIBILITY FOR THE GOODS OR SERVICES PROVIDED BY ITS ADVERTISERS. THE SWADDLE IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SWADDLE. THE SWADDLE ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY USER OR MEMBER COMMUNICATION, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILTY OR OTHERWISE. THE SWADDLE IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF ANY EMAIL OR PLAYERS DUE TO TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR ON ANY OF THE SWADDLE SERVICES OR COMBINATION THEREOF, INCLUDING ANY INJURY OR DAMAGE TO USERS OR TO ANY PERSON’S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATION IN CONNECTION WITH THE SWADDLE SERVICES. UNDER NO CIRCUMSTANCES SHALL THE SWADDLE BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM USE OF THE SWADDLE SERVICES, ATTENDANCE AT A THE SWADDLE EVENT, FROM ANY CONTENT POSTED ON OR THROUGH THE SWADDLE SERVICES, OR FROM THE CONDUCT OF ANY USERS OF THE SWADDLE SERVICES, WHETHER ONLINE OR OFFLINE, WHETHER IN CONTRACT TORT OR OTHERIWSE. THE SWADDLE SERVICES ARE PROVIDED “AS-IS” AND AS AVAILABLE AND THE SWADDLE EXPRESSLY DISCLAIMS ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE SWADDLE CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE WEBSITE.
LIMITATION OF LIABILITY:
IN NO EVENT SHALL THE SWADDLE, ITS OWNERS, AFFILIATES, GROUP COMPANIES, ASSOCIATED ENTITIES, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, BUSINESS INTERRUPTION AND/OR LOSS OF INFORMATION OR DATA WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT THE SWADDLE SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Swaddle makes no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with applicable laws.
We reserve the right to disclosure of any personal information about you and your use of the Website including its contents, without your prior permission if we have a good faith belief that such action is necessary to:
- conform to legal requirements or comply with legal process;
- protect and defend our rights or property or our affiliated companies;
- act to protect the interest of our members or others.
GOVERNING LAW AND ARBITRATION:
You and The Swaddle agree that any cause of action arising out of or related to the website must commence within one (1) year after the cause of action accrues, otherwise the cause of action is permanently barred.