Welcome to
Babbalu's website at www.babbalu.com (the
"Website or Site"). This Website is operated
by Babbalu.com LLC (referred to herein as
"we," "us," or "our"). By using our Website,
you are agreeing to be bound by all terms,
conditions, and notices contained or
referenced herein (the "Terms"). You may not
use this Site if you do not agree to these
Terms. We reserve the right, at our sole
discretion, to update or revise these Terms
without giving you any notice. Please check
the Terms periodically for changes. Your
continued use of our Website following the
posting of any changes to the Terms
constitutes acceptance of those changes.
PROPRIETARY RIGHTS
The material that appears on this website is
for general informational purposes only. The
content and materials available or displayed
on our Website belong exclusively to us or
our third party licensors and or suppliers
and are protected by copyrights, trademarks,
service marks, patents, trade secrets, or
other proprietary rights and laws. For
example, we own a copyright in the
selection, organization, arrangement and
enhancement of the content and materials, as
well as in the materials original to itself.
Third parties whose materials appear on our
Website own the copyright in the materials
original to them. The Babbalu.com name and
logo, and all related product and service
names, design marks and slogans are the
trademarks or registered trademarks of
Babbalu.com LLC. The look and feel of this
Website, including our color combinations,
button shapes, and other graphical elements,
are our trademarks. All other product and
service marks contained herein are the
trademarks of their respective owners. You
may not use any Babbalu or third party
trademarks or logos or distribute such
content and materials without the prior
written consent of Babbalu.com LLC or the
applicable owner. You are free to display
and print a copy of such materials for your
personal, non-commercial use provided that (i)
you keep intact all copyright and other
proprietary notices, (ii) you make no
modifications to the materials. Nothing
contained herein shall be construed as
granting you a license under any copyright,
trademark, patent or other intellectual
property right of Babbalu.com LLC or any
third party, except for the right of use
license expressly set forth herein.
YOUR LICENSE TO US
By posting or submitting content to our
Website, you grant Babbalu.com LLC, its
partners, strategic alliances and its
licensees the right to use, reproduce,
display, perform, adapt, modify, distribute,
have distributed, and promote the content in
any form, anywhere and for any purpose; and
warrant and represent that you own or
otherwise control all of the rights to the
content and that public posting and use of
your content by us will not infringe or
violate the rights of any third party.
LINKS FROM OUR WEB SITE
Our Website may produce automated search
results or otherwise link you to other sites
on the Internet. For example, if you click
on a banner advertisement or a search
result, the click may take you off our
Website and link you to other sites. These
sites may contain information or material
that some people may find inappropriate or
offensive. These other sites are not under
our control and we are not endorsing such
sites. If you use a site that is hyperlinked
to our Website, you do so at your own risk.
We make no representations concerning the
content of sites listed in any of our
directories. We are not responsible for the
accuracy, copyright compliance, legality,
decency, or any other aspect of the content
of such sites.
LINKS TO OUR WEBSITE
You are free to establish a hypertext link
to the homepage of our Website so long as
you comply with the following conditions:
1. your link to our Website must be a
text-only link and clearly marked
“Babbalu.com LLC Website”;
2. your link must “point” to our homepage
and not to other pages within our Website;
3. your link must display our Website on
full-screen and not within a “frame” on the
linking site;
4. your link may not state or imply any
affiliation, connection, sponsorship, or
approval of your site by Babbalu.com LLC;
5. the appearance, position and other
aspects of your link may not be such as to
damage or dilute the goodwill associated
with our names and trademarks;
6. we reserve the right to revoke our
consent to the link at any time in our sole
discretion and you will remove the link
immediately upon our request.
By linking your website to ours, you are
agreeing to be bound by these terms.
REGISTRATION OBLIGATIONS
In consideration of your use of our
services, you represent that you are of
legal age to form a binding contract and are
not barred from receiving services under the
laws of the United States or other
applicable jurisdiction. You also agree to
provide true, accurate, current and complete
information about yourself as prompted by
the registration form and to maintain and
promptly update such information to keep it
true, accurate, current and complete. If you
provide any information that is untrue,
inaccurate, not current or incomplete, or we
have reasonable grounds to suspect that such
information is untrue, inaccurate, not
current or incomplete, we have the right to
suspend or terminate your account and refuse
any and all current or future use of our
services or any portion thereof.
You may not use our services to:
• misrepresent your affiliation with
Babbalu.com LLC or any other person or
entity or disguise the origin of any content
transmitted through our Website;
• collect or store personal data about other
users or to harass another.
• upload, post, transmit or otherwise make
available any unsolicited or unauthorized
advertising, promotional materials, junk or
spam mail or any other form of solicitation,
• upload, post, transmit or otherwise make
available any content that is unlawful,
harmful, threatening, abusive, harassing,
tortious, defamatory, vulgar, obscene,
libelous, invasive of another's privacy,
hateful, or racially, ethnically or
otherwise objectionable or harmful to minor
children in any way;
• upload, post, transmit or otherwise make
available any inside, proprietary and
confidential information of any person or
entity;
• upload, post, transmit or otherwise make
available any content that infringes any
proprietary rights of Babbalu.com LLC or
other party;
• upload, post, transmit or otherwise make
available any material that contains
software viruses or any other computer code,
files or programs designed to interrupt,
destroy or limit the functionality of any
computer software or hardware or
telecommunications equipment;
• interfere with or disrupt our service by
tampering with connected servers or
networks.
DISCLAIMER OF WARRANTIES
YOU AGREE THAT YOUR ACCESS AND USE OF THIS
WEBSITE IS AT YOUR SOLE RISK. THE CONTENT
(INCLUDING ALL INFORMATION AVAILABLE ON OR
THROUGH THE SITE) IS PROVIDED “AS IS”
WITHOUT WARRANTIES OF ANY KIND, EITHER
EXPRESS OR IMPLIED. TO THE FULLEST EXTENT
PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE
DISCLAIM ALL WARRANTIES EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE (INCLUDING SUITABILITY OF
THE SITE FOR YOUR NEEDS OR REQUIREMENTS OR
THOSE OF ANY OTHER PERSON), WARRANTIES
AGAINST INFRINGEMENT OF ANY THIRD PARTY
INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS.
BABBALU.COM LLC AND ITS LICENSORS DO NOT
WARRANT THAT THE CONTENT IS ACCURATE,
RELIABLE OR CORRECT; THAT THE SERVICES WILL
BE UNINTERRUPTED, TIMELY, SECURE OR
ERROR-FREE OR THAT ANY DEFECTS OR ERRORS
WILL BE CORRECTED. BECAUSE SOME
JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF
CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT
APPLY TO YOU.
LIMITATION OF LIABILITY
IN NO EVENT SHALL BABBALU.COM LLC OR ITS
LICENSORS BE LIABLE FOR ANY DIRECT,
INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR
CONSEQUENTIAL DAMAGES THAT RESULT FROM THE
USE OF, INABILITY TO USE, OR RELIANCE UPON
THIS WEBSITE OR THE MATERIALS, INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE,
DATA, BUSINESS OPPORTUNITIES, OR PROFITS.
THIS LIMITATION APPLIES WHETHER THE ALLEGED
LIABILITY IS BASED ON CONTRACT, TORT,
NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER
BASIS, EVEN WE HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGE. APPLICABLE LAW
MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF
LIABILITY OR INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE LIMITATION OR
EXCLUSION MAY NOT APPLY TO YOU.
INDEMNIFICATION
Upon a request by us, you agree to defend,
indemnify, and hold harmless Babbalu.com LLC
and our employees, contractors, officers,
and directors from all liabilities, claims,
and expenses, including attorney's fees,
that arise from your use or misuse of this
Site. Babbalu.com LLC reserves the right, at
it own expense, to assume the exclusive
defense and control of any matter otherwise
subject to indemnification by you, in which
event you will cooperate with us in
asserting any available defenses.
INTERNATIONAL USE
Babbalu.com LLC makes no representation that
the materials available on this Website are
appropriate or available for use in
locations outside the United States, and
accessing it from territories where such
materials are illegal is prohibited. Those
who choose to access our Website from other
locations do so on their own initiative and
are responsible for compliance with local
laws.
GOVERNING LAW
These Terms shall be governed by and
construed in accordance with the laws of the
State of Connecticut and the United States
of America, without reference to any choice
of law rules under Connecticut law. You
expressly agree that the exclusive
jurisdiction for any claim or action arising
out of or relating to these Terms or your
use of this site shall be filed only in the
state or federal courts located in the State
of Connecticut, and you further agree and
submit to the exercise of personal
jurisdiction of such courts for the purpose
of litigating any such claim or action.
These Terms may be supplemented by
additional terms posted at other locations
on this Site, but these Terms will supersede
in the event of a conflict with such
additional terms. These Terms and such
additional terms constitute our entire
agreement with you regarding your use of
this Web Site.
TERMINATION
Babbalu.com LLC reserves the right, in its
sole discretion, to terminate your access to
all or part of this Website, with or without
notice.
QUESTIONS
If you have any questions about these Terms
or this Website, please email us at
feedback@babbalu.com |
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