nestingmode

Terms of Use Agreement

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PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY. This Terms of Use Agreement (this "Agreement") governs the use of the website at http://www.nestingmode.com (the "Site"), which is operated and maintained by NestingMode LLC ("NestingMode", "we", "us" or "our"). This Agreement incorporates by reference the terms of our Privacy Policy, which may be found at [http://www.nestingmode.com/privacy-policy].

  • Your use of the Site constitutes your agreement to the terms of this Agreement (including, without limitation, to the terms of our Privacy Policy at [http://www.nestingmode.com/privacy]), as well as to all applicable laws. NestingMode offers access to and the use of the Site only to those persons who accept all of the terms and conditions in this Agreement. If you do not accept all of these terms and conditions, please do not use the Site.
  • NestingMode reserves the right, in its sole discretion and for any or no reason, to modify this Agreement from time to time by posting a revised version on the Site, together with the date of such posting at the bottom of the page. All such changes will be effective immediately upon posting, and each time you use the Site, you agree anew to the terms of this Agreement. Therefore, please review this Agreement regularly. If at any time all of the terms of this Agreement are not acceptable to you, please do not use the Site.
  • Your use of the Site is undertaken solely at your own risk. Please remember to use common sense at all times when using the Site.

Ownership

All content, images, graphics, code and software, photographs, audio and video clips, scripts, links, interactive features and other material (collectively, the "Content") used on or incorporated into the Site, and the arrangement or integration of all such Content, is the protected property of NestingMode, is licensed to NestingMode by third parties, or is used pursuant to applicable copyright law. You agree to comply with any copyright or trademark notices and other restrictions contained in any Content available on or accessed through the Site.

NestingMode grants you a limited license to access the Site and to download or copy any Content for your own personal, noncommercial use. You agree to comply with and keep intact any copyright notices, information, or restrictions contained in any Content available on or accessed through the Site. Other than as expressly set forth in this Agreement or without our prior written approval, you may not, directly or indirectly:

  • copy, download, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part; or
  • use any trademarks, trade names or logos on this Site; or
  • make commercial or other unauthorized use by publication, re-transmission, distribution, performance, caching, or otherwise, of material obtained through the Site, including, without limitation, the Content; or
  • delete or alter any Content; or
  • take any action that imposes an unreasonable or disproportionately large load on the Site infrastructure; or
  • post or transmit any unsolicited advertising, promotional materials, junk mail, spam, chain letters, or other solicitations; or
  • disrupt, overwhelm, attack, modify, reverse engineer or interfere with the Site or its associated software, hardware and/or servers in any way; or
  • impede or interfere with others' use of the Site.

USE OF SITE INFORMATION

Pricing and Product

The pricing information and product specifications contained on the Site have been provided by the vendors or collected from publicly available sources, such as advertisements and the vendors' websites. While we have taken reasonable care to ensure the accuracy of the information contained on the Site, we might make mistakes, due either to our inaccurate reporting of accurate information or to our accurate reporting of inaccurate information. We do not make any representations or warranties as to the timeliness, accuracy, reliability or completeness of any of the information contained on this Site or on those sites to which we offer links. If you become aware that the Site contains inaccurate information, we would appreciate receiving an email from you at info@nestingmode.com.

Before buying any product for your or anyone else's child, please conduct your own research regarding its attributes, quality and value. Our Site is a good starting point for your research and we sincerely hope that information we provide is helpful to you in your decision-making process, but no information contained on our Site should be relied on as a sole basis for making a purchase. If you have questions about any product or service you learn about on our Site, please go to the source – namely, the vendor or manufacturer – for additional information.

No Professional Advice

Certain of the products and services referred to on our Site may relate to children's health or child-rearing techniques. Please note that we are neither physicians nor child psychologists and we do not offer or provide professional medical, behavioral or psychological advice generally or with respect to any products or services, whether or not referred to on the Site. If you have any questions about the products or services you learn about here, please contact trained professionals and/or the respective manufacturers/ service providers, as appropriate.  

We may display writings by licensed professionals in their fields, and, in each case, such material will be clearly marked with the name and specialties of and licenses held by the writers, if any. The opinions expressed in such writings are solely those of the authors, and we will neither fact-check any information provided therein nor assume any responsibility for such Content. 

No Endorsement

We do not endorse in any way the products and services featured, mentioned, described, advertised or linked to on the Site.

USER AND THIRD PARTY CONTENT

Message Boards

You may post reviews, comments, photos, and other content, and submit suggestions, ideas, comments, questions, or other information, provided that the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam". You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of Content, except that you may use a screen name of your own invention when posting on the Site. We reserve the right (but we do not have any obligation) to remove or edit such Content, but we do not regularly review posted Content.

By posting Content on or submitting material to the Site, you grant:

(1)        to NestingMode and its sublicensees:

(a)        a nonexclusive, royalty-free, perpetual, irrevocable, and sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media whether now known or hereafter developed; and

(b)        the irrevocable right to use the name that you submit in connection with Content you post on or submit to the Site, but NestingMode shall not have the obligation to do so;

(2)        to users of the Site, a limited license to download or copy any Content for their own personal, noncommercial use.

You represent and warrant that you own or otherwise control all of the rights to the Content that you post; that the Content is accurate; that use of the Content you supply does not violate any of the terms of this Agreement and will not cause injury to any person or entity; and that you will indemnify, hold harmless and, at NestingMode's option, defend NestingMode and its parent and affiliates and each of their officers, employees, agents, licensees, successors, and assigns from and against all claims arising from Content you supply. We have the right but not the obligation to monitor and edit or remove any activity or Content, but we take no responsibility and assume no liability for any Content posted by you or any third party. NestingMode owns all right, title and interest in any compilation, collective work or other derivative work created by NestingMode using or incorporating Content posted to public areas.

You may not delete or change material that you have submitted or posted to any public area on the Site. However, at our sole discretion, we may delete or change such material upon your request made by email to info@nestingmode.com.

Third Party Websites
The Site may contain links to websites that are unrelated to us and are owned and operated by third parties. We have no control over and do not make any representations or warranties with respect to any third-party sites you may access through the Site. These links are provided solely as a convenience to you and do not constitute an endorsement by us or imply that we recommend, certify or endorse the third-party sites. We are not responsible for the contents of, or any products or services offered on, any third-party sites. Please make your own independent decisions regarding your interactions or communications with any other website.

E-MAILING LIST

We anticipate creating an e-mailing list of our users who wish to receive information from us, which might include, for example, announcements of any new Site features or product categories. You will have the opportunity to opt out of this service when you register to become a member and each time you receive email sent to the members of our e-mailing list. We will not submit your personal information to direct marketers and will use your information only as described in this Agreement or in the Privacy Policy.

* * * Site Users in New York State * * *

As a result of the passage of a recent New York State law, we are not permitted to send email to persons in that state if the purpose of the communication might be construed as "solicitation activity". Therefore, New York users will be excluded from receiving any of our mailings (e.g., emails and electronic newsletters) that might be so construed. We regret any inconvenience this may cause, and encourage our New York users to keep in touch with us.

Copyright/Intellectual Property Policy

NestingMode respects the intellectual property of others, and we ask our users to do the same. NestingMode has no responsibility for content on other websites that you may find or access when visiting the Site, or that are recommended by other users of the Site. Material available on or through other websites may be protected by copyright and the intellectual property laws of the United States and/or other countries. The terms of use of those websites, and not the terms of use set forth in this Agreement, govern your use of that material.

We may summarize information from third party sources, such as product reviews. In such instances, we will make all reasonable efforts to follow fair use conventions, including giving credit to the source of the information and providing links, when available, to the third party source from which the information was gathered.

Notice for Claims of Intellectual Property Violations and Agent for Notice  

If you believe in good faith that any material on our Site infringes your copyright, you (or your agent) may send us a notice requesting that we remove or block access to the infringing material. Your notice to us must include the following information:

  1. an electronic or physical signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
  2. identification of the copyrighted work or other intellectual property that you claim has been infringed upon;
  3. a description of where the material that you claim is infringing is located on the Site, with sufficient detail that we may find it on the Site;
  4. your address, telephone number, and email address;
  5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
  6. information, if possible, sufficient to permit NestingMode to notify the owner/administrator of the allegedly infringing content; and
  7. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

If you believe in good faith that someone has wrongfully filed a notice of copyright infringement against you, the Digital Millennium Copyright Act (the "DMCA") permits you to send us a counter-notice. Notices and counter-notices must meet the then current statutory requirements imposed by the DMCA (see www.loc.gov/copyright). Notices and counter-notices should be sent to our Copyright Agent:

By mail: By phone: By fax: By email:

NestingMode LLC
PO Box 130, Planetarium Station, New York, NY 10024 Attn: Copyright Agent

888-694-3214

 

 

(267) 653-1732
Attn: Copyright Agent
CopyrightAgent@nestingmode.com

Please note that, due to security concerns, attachments cannot be accepted. Accordingly, any notification of infringement submitted electronically with an attachment will not be received or processed. 

Privacy 

Your use of our site is subject to our Privacy Policy, which may be found at http://www.nestingmode.com/privacy-policy. By using the Site, you agree that you have read our Privacy Policy, that it is reasonable and acceptable to you, and that you agree to its terms.

Disclaimer of Warranties; Limitation of Liability

THE SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE ARE PROVIDED BY NESTINGMODE ON AN "AS IS" AND "AS AVAILABLE" BASIS. NESTINGMODE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, NESTINGMODE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, NESTINGMODE DOES NOT WARRANT THAT THE SITE, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, NESTINGMODE'S SERVERS, OR E-MAIL SENT FROM NESTINGMODE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

NESTINGMODE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

Indemnification 

You will indemnify, hold harmless and, at NestingMode's option, defend NestingMode and its parent and affiliates and each of their officers, employees, agents, licensees, successors, and assigns from and against any claim, cause of action or demand, including without limitation reasonable legal and accounting fees, by any third party as a result of your breach of any term of this Agreement, your violation of any law or the rights of a third party, or your use of the Site. 

No Unlawful or Prohibited Use 

As a condition of your use of the Site, you warrant that you will not use the Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices.

Termination  

We reserve the right, in our sole discretion, to restrict, suspend or terminate your access to all or any part of the Site at any time, for any or no reason, without prior notice or liability. We may change, suspend or discontinue all or any aspect of the Site at any time, including the availability of any feature, database, or content, without prior notice or liability.

  Applicable Law; Disputes

By visiting the Site, you agree that the laws of the State of New York, without regard to the principles of conflict of laws, will govern the terms of this Agreement and any dispute that may arise between you and NestingMode. Any such dispute may be heard only in the federal and state courts in the Borough of Manhattan, City of New York, State of New York, and you hereby submit to the exclusive jurisdiction and venue of such courts. 

Modifications of these Terms and Conditions 

NestingMode reserves the right to change the terms, conditions, and notices under which the Site is offered and you agree to accept and be bound by those terms, conditions, and notices that are in effect at the time of your use of the Site.

If you have questions about this Agreement, wish to report any violations of these Terms of Use, or wish to obtain permission to use Content other than as expressly permitted in this Agreement, please contact us at info@nestingmode.com.

Last updated as of July 11, 2008.