Encore Baby Registry: Terms and Conditions of Use

Encore Baby Registry, LLC is herein referred to as “Encore Baby Registry”, or “Encore”.

These Terms and Conditions of Use govern your use of Encore’s website (encorebabyregistry.com), and the content and services provided therein.

Encore Baby Registry provides online baby registries, with the web address encorebabyregistry.com, along with a variety of content driven material in a variety of formats and delivered in a variety of ways focused on hand-me-down and/or second-hand baby gifts (while not excluding new baby gifts), items, and/or gear, including, but not limited to, information on safety and resources regarding such (hereafter referred to as services and content). By using the services and content of encorebabyregistry.com, you are confirming your understanding of and agreement to these Terms and Conditions of Use.

Intended Users

Encore Baby Registry is for persons over age 18 unless given parental consent. Encore Baby Registry is not intended for children under the age of 18 without parental consent; if Encore Baby Registry determines that a user is under the age of 18 without parental consent, all reasonable measures will be taken to delete information associated with said account. By using our content and services you are agreeing that you are not under the age of 18, or if you are that you have parental consent.

Modifications to this Agreement

Encore Baby Registry reserves the right, at its discretion, to modify these Terms and Conditions of Use at any time without prior notification. Changes shall become effective immediately upon publishing the modified Terms and Conditions of Use on the encorebabyregistry.com website.  It is your responsibility to review these Terms and Conditions of Use regularly. Your continued use of Encore Baby Registry services and content after modifications represents your agreement to the modified Terms and Conditions of Use.

Privacy

Encore’s Privacy Policy is set forth in a separate document. You confirm, by using Encore’s website, services and content that you agree to the terms of the Privacy Policy.  You acknowledge and agree that Encore may change the Privacy Policy without prior notification, and at Encore’s sole discretion.  It is your sole responsibility to review the Privacy Policy regularly. Notwithstanding the Privacy Policy, we may release information if required by law, and/or in good faith belief to protect the rights, property, and/or safety of Encore Baby Registry, our users and/or the general public.

Content Defined

The Content on the website encorebabyregistry.com includes, but is not limited to, pictures, articles, suggestions, “tips”, definitions, writing, posts, product references, product descriptions, testimonials, graphics, text, emails, video or sound and all similarly based forms of information that can be found or accessed on encorebabyregistry.com. Content on encorebabyregistry.com may originate from Encore Baby Registry or users like you, and/or may include links to unrelated third party websites.

Encore Baby Registry has no obligation to prescreen, edit, or remove Content. However, Encore Baby Registry reserves the right, at its sole discretion, to refuse, prescreen, edit, move and remove Content.

Content Disclaimer

Encore provides no guarantee, warranty or representation regarding Content.

By your use of the Content and services of Encore Baby Registry you are accepting and agreeing that Encore Baby Registry is not responsible for, and provides no guarantee, warranty or representation that any Content on encorebabyregistry.com is accurate, reliable, or safe for use*.

Encore uses its best efforts to ensure that Content on encorebabyregistry.com is appropriate, timely, accurate, safe for use, and/or complete.   However, it is impossible to be 100% accurate regarding an unlimited array of topics in the ever-changing environment of baby products and safety.

You agree to bear all risk associated with your use of any Content on encorebabyregistry.com, or from any product you receive though use of the services provided by Encore Baby Registry.  You further acknowledge and agree that Encore Baby Registry provides no guarantee, representation, or warranty as to the Content or services on encorebabyregistry.com or on any third party website.

*ENCORE BABY REGISTRY DOES NOT HOLD ITSELF TO BE AN AUTHORITY IN BABY PRODUCTS AND SAFETY; BY USING OUR SERVICES AND CONTENT YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU BEAR ALL RISKS ASSOCIATED WITH USE OF ANY CONTENT, AND FURTHER AGREE THAT IT IS YOUR OBLIGATION TO INFORM YOURSELF OF PRODUCT SAFETY AND TO TAKE MEASURES TO ENSURE YOUR SAFETY AND THAT OF YOUR CHILD.

Third Parties

An underlying theme regarding Encore Baby Registry is that it provides the opportunity to unfetter your Baby Registry from the typical box store registry and associated source limitations. This approach does not attempt to exclude the typical box store registry, or other third parties, but rather provide choice. As a result Encore Baby Registry’s website may contain links to Third Party websites, as a convenience.

If you are registering to receive products or services on encorebabyregistry.com, “Third Party” also includes persons that provide you with products or services through the registry.  If you are providing products or services to a person who has registered to receive on encorebabyregistry.com, “Third Party” also includes persons who have received products or services.

Encore shall have no responsibility for your interactions, financial or otherwise, with any Third Party websites, found on or accessible through encorebabyregistry.com.

Encore provides no guarantee representation or warranty for any transaction or interaction, financial or otherwise, between you and any Third Party.

Ownership and Limited License

Encore Baby Registry, LLC  owns all right and title to, and interest in Encore Baby Registry.com, its services and Content, including, without limitation, the Encore Baby Registry logo, design, text, graphics, pictures, articles, suggestions, “tips”, definitions, writing, posts, emails, video or sound and all similarly based forms of information on the website.

You are allowed to use the services and view, copy, print, and distribute the Content originating from Encore Baby Registry.com solely for your personal noncommercial use.  You are expressly prohibited from: using Encore Baby Registry’s services and Content in any manner, directly or indirectly, for resale and/or commercial purposes; representing yourself in any manner, directly or indirectly, as an agent of Encore Baby Registry; from modifying in any manner, unless expressly stated and allowed, Encore Baby Registry’s services and content; from using or displaying in any way any marks, logos, or designs owned by Encore Baby Registry in a public display;  acting in any way inconsistent with these Terms and Condition of Use.

User Content

Personal information submitted by you in the creation of baby registries are different from user content submitted by you in your use of said registries, services, and content. Please see our Privacy Policy for more information.

You agree that you are fully responsible for any content you submit. We do not claim ownership of content submitted by you, but by submitting content to any area of the website, other than in creation of baby registries, you are represent and warrant that you have the right to do so, and grant to Encore Baby Registry a perpetual worldwide non-exclusive royalty-free license to use, in any way, in any form, copy, incorporate, display, and distribute in any way and form said content; you also authorize our right to sublicense and protect said content.

User repeat Infringement

Under the Digital Millennium Copyright Act (DMCA) which we follow, Encore Baby Registry will terminate user accounts, services, and access of users who are found to be repeatedly infringing on copyrighted material.

Claims of Infringement

If you believe content on Encore Baby Registry infringes your copyright please notify our agent at:

Encore Baby Registry, LLC Agent

P.O. Box 5823

Berkeley, CA 94705

Under the Digital Millennium Copyright Act (DMCA), the Online Copyright Infringement Liability Limitation Act (OCILLA) was enacted which outlines certain requirements you must communicate in your notice. They include:

  1. A physical or electronic signature of an authorized person.
  2. Identification of the material claimed to have been infringed, or list of such work.
  3. Information reasonably sufficient to permit the location of said material.
  4. Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and email address.
  5. A statement from the complaint originator/you that they/you have good faith belief that use of the material in the manner described is not authorized by the copyright owner, agent, or law.
  6. A statement, under penalty of perjury, from the complaint originator/you that the information in the notification is accurate, and that the complaint originator/you are authorized to act on behalf of the owner of the material that you believe infringes.

Subject to the procedures outlined under DMCA, Encore Baby Registry will remove violating content.

Disclaimer of Warranties

ENCORE BABY REGISTRY OR ANY VARIATION OF SAID NAME LINKING TO ENCORE BABY REGISTRY’S WEBSITE AND THE SERVICES AND CONTENT CONTAINED THEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND TO THE FULLEST EXTENT OF THE LAW, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.

ENCORE BABY REGISTRY DOES NOT WARRANT THAT THE WEBSITE AND THE SERVICES AND CONTENT WILL WORK PROPERLY, BE AVAILABLE CONTINUOUSLY, SECURE, ACCURATE, OR COMPLETE. ENCORE BABY REGISTRY DOES NOT REPRESENT AND MAKES NO WARRANTIES AS TO THE LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION TO ITS WEBSITE.

YOU AGREE TO USE ENCORE BABY REGISTRY AND ITS SERVICES AND CONTENT AT YOUR OWN RISK.

Limitations of Liability

Liability for direct, indirect, punitive, incidental, special or consequential damages (i.e. any and all damages) shall not, under any circumstance (including when Encore Baby Registry, LLC has been advised of such a possibility) be attributable to Encore Baby Registry, LLC and/or its officers, affiliates, agents, advisors, and assigns as a consequence of your use (or inability to use) in any way Encore Baby Registry’s services and content.   You bear all risks and liability associated with your use of the services and Content. These limitations will also apply to damages resulting from statements, content, product, service, or conduct of any third party including advertising or links on Encore Baby Registry’s website. These limitations will apply to the fullest extent of the law.

Indemnity

You agree to indemnify and hold Encore Baby Registry, its officers, affiliates, agents, advisors, and assigns harmless from and against any claims, damages, losses, expenses and liability of any kind including reasonable attorney fees and court costs related to your creation or use of the services and/or Content of encorebabyregistry.com, or from any breach by you of the Terms and Conditions of Use

Termination of Services and Content

Encore, in its sole discretion, may terminate your right to your account and the services and Content on encorebabyregistry.com.  If Encore terminates your account Encore Baby Registry will have the right to delete or deactivate your account, block your access, and remove any of your content on Encore Baby Registry’s website, and you shall no longer be allowed to access Encore Baby Registries. Notwithstanding the termination of your account, the relevant Terms and Conditions contained in this Agreement shall continue in full force and effect including but not limited to disclaimer of warranties, content disclaimer, limitations of liability and indemnity.

Governing Law

This agreement is governed by and made in accordance with the laws of the state of California. You agree that any claim arising out of or relating to this agreement or Encore Baby Registry shall be settled exclusively by a court of law whose jurisdiction shall be located in Oakland, California.