Site Terms and Conditions for Use

Please read this Privacy Statement carefully before using this site. By using the Babyville Boutique™ website, you signify your agreement with the Privacy Statement. If you do not agree with any of the below Privacy Statement, do not use this site.

Prym Consumer USA (hereinafter," Prym Consumer") reserves the right, in its sole discretion, to modify, alter or otherwise update the Site Terms and Conditions For Use at any time and you agree to be bound by such modifications, alterations or updates. You should read the full text of this Privacy Statement and visit this page periodically to review the Privacy Statement, because they are binding on you.

PRIVACY STATEMENT

Prym Consumer is very respectful about the privacy concerns of the visitors to its internet site and associated domains. Prym Consumer DOES NOT SHARE personal information about users with any third party.

Certain non-personal information of visitors is recorded by the standard operation of Prym Consumer's Babyville Boutique™ website and servers. This information is primarily used to provide an enhanced online experience for the visitor. Use of this information includes internal review of the number of visitors to the site in an aggregate and non-personally-identifiable form. E-mail addresses and other personally identifiable data about visitors to this site are known to Prym Consumer only when voluntarily submitted.

This non-personal data in an aggregate form may be provided to other parties for marketing, advertising or other uses. We sometimes also use e-mail addresses and other personally identifiable information to contact visitors who communicate with us.

Personally identifiable information that may be collected in connection with visitors voluntarily filling out contest entry forms or subscribing to newsletters is retained by Prym Consumer and used for its internal business and marketing purposes. Prym Consumer does not share the personal information it collects.

LINKED SITES

This site may contain links to web sites operated by third parties ("Linked Sites"). The Linked Sites are provided for your convenience and are not an endorsement by Prym Consumer of the content on such Linked Sites. Prym Consumer makes no representation regarding, and is not responsible for, the content or accuracy of the materials on such Linked Sites. If you decide to access any Linked Sites, you do so at your own risk.

DISCLAIMER

This web site and the materials associated with this web site are provided on an "as is" basis without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, Prym Consumer disclaims all warranties, expressed or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose and non-infringement of third parties' rights. Prym Consumer does not warrant that the web site will operate error-free or uninterrupted, that defects will be corrected, or that this web site and/or its server will be free of viruses and/or other harmful components. Prym Consumer does not warrant or make any representations regarding availability, accuracy, reliability, completeness, or timeliness of the materials, services, text, graphics, and or links associated with this web site. If your use of this web site or the materials, services, text, graphics, and or links associated with this web site results in the need for servicing or replacing equipment or data, Prym Consumer is not responsible for those costs. The material associated with this web site is provided solely for entertainment and promotional purposes. The information and opinions expressed in Bulletin Boards, Chat Rooms, Blogs or other forums conducted on this site ("Forums") are not necessarily those of Prym Consumer or its content providers, advertisers or sponsors and Prym Consumer makes no representations or warranties regarding that information or those opinions.

LIMITATION OF LIABILITY

In no event shall Prym Consumer or its content providers be responsible or liable to any person or entity whatsoever (including, without limitation, persons who may use or rely on such data/materials or to whom such data/materials may be furnished) for any loss, damage, injury, claim, liability or other cause whatsoever (including, without limitation, incidental and consequential damages, lost profits, or damages resulting, directly or indirectly, from lost data or business interruption) resulting from the use or inability to use this web site and/or the material associated with this web site, or resulting from any information or opinions provided on this web site and/or the material associated with this web site, whether based on warranty, contract, tort, or any other legal theory, and whether or not Prym Consumer or any of its affiliated or related entities are advised of the possibility of such damages.

DESIGN POLICY

Prym Consumer welcomes artists who wish to sell their own unique and original creations using our branded products. Artists are free to sell craft projects resulting from these brand products. By accessing this web site, the user acknowledges that the copyright and trademarks in all material created by Prym Consumer and/or its related companies is retained by Prym Consumer.

SUBMISSIONS

Any communication or other material submitted or posted to this web site will be considered non-confidential. Prym Consumer is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in its sole discretion. No compensation will be paid with respect to the use of your Submission.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

Prym Consumer does not claim ownership of the materials you provide to Prym Consumer or post, upload, input or submit to any Prym Consumer Web Site. However, by posting, uploading, inputting, providing or submitting your Submission you are granting to Prym Consumer, and its affiliated companies, permission to use your Submission in connection with their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your submission; and to publish your name in connection with submission.

Prym Consumer is not responsible for any material posted on our Message Boards. You shall not:

  • Post any sexually explicit image,
  • Impersonate another person or entity,
  • Post any content that libels, defames, invades privacy, or is obscene, pornographic, abusive, harassing, hateful, or threatening;
  • Post any content that infringes any intellectual property or other right of any entity or person, including, but not limited to violation of copyrights, trademarks, laws governing trade secrets, rights to privacy, or publicity,
  • Post any content, which violates any law or advocates illegal activity,
  • Advertise or otherwise solicit funds, or post any content which is a solicitation for goods or services.

Prym Consumer does not represent or guarantee the truthfulness, accuracy, and reliability of any communications posted by other users. You acknowledge that any reliance on material posted by other users will be at your own risk. Prym Consumer might not screen communications in advance and is not responsible for screening or monitoring material posted by users.

Prym Consumer reserves the right to remove any material that violates the above conditions, is otherwise inappropriate, or does not positively contribute to the forum.

PROJECT PROTOCOL

We offer our Babyville Boutique™ Forum and Gallery areas as a free way for you to post and share your projects.

If you post a project for one of our contests, your project may be chosen as the winner. We will use your project image and credit your name on our blog and social media for promotional purposes. You may be required to submit the physical project as a requirement before being named as a winner. Other requirements and obligations listed under "Submissions" are applicable to all project postings.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless Prym Consumer, its officers, directors, employees, agents, distributors, advertisers, sponsors, content partners and affiliates from and against any and all claims, actions, demands, liabilities, costs, or expenses, including reasonable attorney's fees, resulting from your breach of the terms of this Agreement.

DISCLAIMERS

YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE AND WEBSITE CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING AND TO THE FULLEST EXTENT PERMITTED BY LAW, PRYM CONSUMER, AND ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, PARTNERS, SUCCESSORS, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES, AND THEIR RELATED COMPANIES DISCLAIM ANY AND ALL WARRANTIES INCLUDING ANY: (1) WARRANTIES THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS; (2) WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS, TIMELINESS, OR INFORMATIONAL CONTENT OF THE WEBSITE OR WEBSITE CONTENT; (3) WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE; (4) WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON OUR WEBSITE OR ACCESSED THROUGH THE WEBSITE; (5) WARRANTIES CONCERNING THE ACCURACY OR RELIABILITY OF THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE; (6) WARRANTIES THAT YOUR USE OF THE WEBSITE WILL BE SECURE OR UNINTERRUPTED; AND (7) WARRANTIES THAT ERRORS IN THE SOFTWARE WILL BE CORRECTED.

LIMITATION ON LIABILITY

UNDER NO CIRCUMSTANCES SHALL PRYM CONSUMER OR ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, SUCCESSORS, AGENTS, AFFILIATES, OR ANY RELATED COMPANIES BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH THE WEBSITE OR THESE TERMS OF USE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE INCLUDING, WITHOUT LIMITATION, THE WEBSITE CONTENT IS TO STOP USING THE WEBSITE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH ANY OF THE WEBSITE OR ANY LINKS ON THE WEBSITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH ANY OF THE WEBSITE OR ANY LINKS ON THE WEBSITE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY CONTENT POSTED BY A THIRD-PARTY OR CONDUCT OF A THIRD-PARTY ON THE WEBSITE.

JURISDICTIONAL ISSUES

This site is controlled and operated by PRYM CONSUMER from its offices in the State of South Carolina, United States of America. PRYM CONSUMER makes no representation that materials in this web site are appropriate or available for use in other locations.

This agreement shall be governed by, construed and enforced in accordance with the laws of the State of South Carolina, without regard to conflict of law principles. Any action you, any third party or Prym Consumer bring to enforce this agreement or, in connection with, any matters related to this site shall be brought only in either the state or Federal Courts located in the State of South Carolina, Spartanburg County and you expressly consent to the jurisdiction of said courts. If any provision of this agreement shall be invalid, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between you and Prym Consumer with respect to the use of this web site and shall not be modified except in writing, signed by an authorized representative of Prym Consumer.

RESTRICTIONS ON USE, TRADEMARKS AND COPYRIGHTS

This site is controlled and operated by Prym Consumer USA Inc., PO Box 5028 Spartanburg, SC 29304. All material on this site, or any website owned, operated, licensed or controlled by Prym Consumer, including, but not limited to images, illustrations, audio clips, and video clips ("Prym Consumer Material"), is protected by copyrights which are owned and controlled by Prym Consumer or by other parties that have licensed their material to Prym Consumer. Unless granted written permission by Prym Consumer, Prym Consumer Material from www.babyvilleboutique.com or any web site owned, operated, licensed or controlled by Prym Consumer may not be used for nonpersonal or commercial purposes and may not be copied, reproduced, republished, downloaded, posted, transmitted, or distributed in any way.

You are not to modify any Prym Consumer Material. Modification of Prym Consumer Material, including, but not limited to, removal of copyright, trademark or other notice of proprietary rights, or use of any Prym Consumer Material for any purpose is a violation of the Terms of Use Agreement, as well as laws protecting copyrights and other proprietary rights. For purposes of this Terms of Use Agreement, unless granted written permission by Prym Consumer, the use of any Prym Consumer or Babyville Boutique™ Material on any other computer related environment is prohibited.

CONTESTS

From time to time, Prym Consumer may conduct contests. See the Official Contest Rules for rules, which may apply, to particular contests. No Purchase is Necessary to enter a contest conducted by Prym Consumer. Any contest conducted by Prym Consumer is open to United States citizens, 18 years or older, except employees of Prym Consumer and their immediate families (immediate family is defined as a parent, sibling, child or any person residing in the same household as the employee).

All contests conducted by Prym Consumer are intended for use in the United States only and shall only be construed and evaluated according to United States law . Do not enter any contest conducted by Prym Consumer if you are not located in the United States. Contests conducted by Prym Consumer are void where prohibited and are subject to all federal, state and local laws and regulations.

Any prize awarded in connection with a contest conducted by Prym Consumer is non-transferable. No substitution or cash equivalent for any prize is permitted, except by Prym Consumer in its sole discretion. The odds of winning a contest conducted by Prym Consumer will depend on the total number of entries received.

Prym Consumer reserves the right, in its sole discretion, to cancel or suspend any contest for any reason, including, but not limited to, a virus, bug or other cause beyond its control which corrupts the administration, security or proper administration of the contest.

Prym Consumer reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of a contest conducted by Prym Consumer or to be acting in violation of these rules or the Official Contest Rules for any contest conducted by Prym Consumer. Internet or e-mail entrants must have a valid e-mail address.

Contest entries will be judged by Prym Consumer, whose decision on winner selection and all other matters relating to this contest are final. By accepting a prize, the winner grants Prym Consumer permission for the use of their name and biographical information for advertising or promotional purposes without additional compensation, except where prohibited by law. All entries become property of Prym Consumer and will not be returned.

Prym Consumer reserves the right to modify these rules for clarification purposes without materially affecting the terms and conditions of any contest conducted by Prym Consumer.

COPYRIGHT (DMCA)

Prym Consumer respects the intellectual property of others, and we require our users to do the same while using our Babyville Boutique™ Website. Prym Consumer reserves the right to determine what constitutes inappropriate behavior and to ban offenders at its sole discretion and/or take other action against users who infringe the copyright rights of others.

If you believe that your work has been copied and is accessible on the Website in a way that constitutes copyright infringement, you may notify us by providing the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. sec. 512):

  • A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online Site are covered by a single notification, a representative list of such works at that Site;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Service Provider to locate the material;
  • Information reasonably sufficient to permit Service Provider to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
  • A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims. Please send notice to:

Attn: Babyville Boutique
Prym Consumer USA Inc.
PO Box 5028
Spartanburg, SC 29304

By using the Babyville Boutique™ Website and/or registering for a user account, you agree to accept the policies described in this Terms of Use and Privacy Policy. If you do not agree with these policies, please do not use these services.