Any person or entity ("User" or "Buyer" or "You"), registered to use or access the site at www.babyforest.co ("Site"), the app known as "Baby Forest" ("App") or any information contained in the site and/or app, agrees to and is bound by the following terms and conditions of this member/buyer ("Agreement").
1. babyforest.co. When you register with the Site and/or the App, you are contracting with Baby Forest Limited, a company registered in the Republic of Ireland, having its registered office at Sexton Farm, Foherlagh, Aughadown, Skibbereen, County Cork, Ireland. Baby Forest Limited is referred to in these terms and conditions as “we”, “us”, “our” or “Baby Forest”. Please note that age restrictions may apply to certain Products in some cases.
4. Passwords. You agree: to keep your password secure and confidential and to not allow anyone else to use your email address or password to access the Site and/or the App; to not do anything which would assist anyone who is not a registered User to gain access to any secured area of the Site and/or the App; and, to not create additional registration accounts for the purpose of abusing the functionality of the Site and/or the App, or other users, or to seek to pass yourself off as another User. If you think someone else has obtained your account details, you must let us know immediately via email to email@example.com and we will close your account as quickly as possible. You agree that you will be responsible to Baby Forest and to others for all activity that occurs under your registration account.
5. Site and App Content. The Site and the App are intended only for the purposes specified on the Site and/or the App, and use of the Site and/or the App and/or all content contained within the Site and/or the App (“Content”) is entirely at your own risk. Please note, whilst we endeavour to provide accurate and up-to-date information, the Content may not be wholly accurate or up-to-date and is subject to change, sometimes at short notice. All Content is provided without any representations or warranties of any kind (implied or express) to the fullest extent permitted by applicable law. Please note that Baby Forest does not represent or warrant that the Site, the App or the Content will be accurate, up-to-date, complete or free of defects, including without limitation viruses or other harmful elements. Certain Content may become temporarily unavailable due to outages or other problems.
6. Ownership of Content. Baby Forest, unless otherwise stated herein, owns or controls all relevant intellectual property rights in the Site, the App and the Content. You may not publish, distribute, extract, re-utilise, or reproduce any part of the Site, the App or Content in any form (including storing it in any medium) other than as expressly allowed herein or as permitted on the Site and/or the App or under applicable law. The Site, the App and the Content are for your personal, non-commercial use only, and are not for re-distribution, transfer, assignment or sublicense or for any commercial or partly-commercial re-sale or other use.
7. Objectionable Material. If you encounter or become aware of any objectionable or infringing or unlawful content posted anywhere on the Site and/or the App, please immediately report such material (and the specific page on which it is found) to firstname.lastname@example.org.
8. Your Use of the Site, the App and the Content. You agree to not use the Site, the App or any of the Content for any reason other than as authorised by Baby Forest solely via the normal functionality of the Site and/or the App.
9. Submitting Material. If you upload any material to the Site and/or the App (including, without limitation, written comments or photos) you hereby grant to us a worldwide, non-exclusive licence to use that material in any media and, specifically, to make that material available via the Site and/or the App and other third-party platforms, media channels and/or distribution or performance methods. You further agree to waive your moral rights for the purposes of this licence. We reserve the right to cut, edit, crop or arrange your material as necessary for purposes related to the Site and/or the App, and to remove the material at any time.
10. The Baby Forest Store. Baby Forest provides a marketplace to allow Users, via the Site and/or App online/mobile store, to purchase any of the creative goods or personal services listed as available from other Users (individually and collectively defined as “Products”, and including music downloads, graphic artworks and other physical or virtual products). Please note that Baby Forest does not have actual possession of anything listed for sale or hire on the Site and shall not be involved in the transaction between Buyers and Creators (the contract in every case shall be directly between the relevant Buyer and Creator). Though Baby Forest provides information and guidance, this is for informational purposes only as we do not review or edit any listings. Whilst Baby Forest is happy to help facilitate resolution for any dispute that may arise, we have no control over and we do not guarantee the existence, quality, safety or legality of items advertised. Please note that Baby Forest does not warrant or guarantee the accuracy or completeness of listings, or that a Buyer or Creator will complete a transaction or return an item. We provide no assurance or undertaking that any Product(s) you purchase from a Creator via will be of satisfactory quality (and all warranties are disclaimed by Baby Forest to the fullest extent of applicable law). This does not affect your statutory rights against any Creator.
10. a Digital Download Usage rules
You acknowledge that use of Products may require the use of other hardware and software products (e.g., the ability to make copies of Products on physical media and render performance of Products on authorized digital player devices), and that such hardware and software is your responsibility.
Once a Product is purchased and you receive the Product, it is your responsibility not to lose, destroy, or damage the Product, and Baby Forest shall be without liability to you in the event of any loss, destruction, or damage.
v. Use of Products.
You acknowledge that copyright laws limit your usage of Products to the following Usage Rules, and you agree to use Products in compliance with such Usage Rules.
You shall be authorized to use the Products only for personal, noncommercial use.
You shall be authorized to store as unlimited copies of the Product on any media, provided that these copies are for personal non-commercial use only. The Product or copies of the Product may not be resold or streamed either for profit or non-profit use,
iii. Export, ‘Burning’, Copies
You shall be entitled to export, burn (write the Product onto A CD or other physical media) or copy Products solely for personal, noncommercial use.
iv. No Waiver of Copyright
Any burning or exporting capabilities are solely an accommodation to you and shall not constitute a grant or waiver (or other limitation or implication) of any rights of the copyright owners in any content, sound recording, underlying musical composition, or artwork embodied in any Product.
v. Security Technology
You agree that you will not attempt to, or encourage or assist any other person to, circumvent or modify any security technology or software that is part of the Baby Forest Shop or used to administer the Usage Rules.
vi. Exclusion of Commercial or Promotional Rights
The delivery of Products does not transfer to you any commercial or promotional use rights in the Products.
vii. Acceptance of Usage Rules
You agree that your purchase of Products constitutes your acceptance of and agreement to use such Products solely in accordance with the Usage Rules, and that any other use of the Products may constitute a copyright infringement. The Usage Rules shall govern your rights with respect to the Products, in addition to any other terms or rules that may have been established between you and another party. Baby Forest reserves the right to modify the Usage Rules at any time.
11. Purchasing Goods or Services. When purchasing anything via the Site or the App, you acknowledge and agree that you are solely responsible for reading and understanding the relevant listing(s) in full, entering into a legally binding contract with the Creator, and (where the Buyer and Creator are in different countries) complying with any terms applicable to that international contract. You further agree that you will honour any other terms imposed by the Creator for that transaction. Baby Forest reserves the right to correct any processing errors that we may discover from time to time. Please note that we reserve the right to refuse to process a transaction for any reason in sole discretion and Baby Forest shall not be liable to you or any third party in relation to any such refusal.
12. Prices and Payment. Prices (and/or minimum prices and any packaging/delivery costs) are as set out on the relevant pages of the Site and/or the App (except in cases of obvious error) and all listed prices are exclusive of VAT (or similar) tax unless otherwise stated. Such amounts are subject to change at any time. You are responsible for payment of sales tax and any other applicable import duties and taxes that may be levied once the Products reach your country.
13. Credit Cards. Payment for Products may be by credit or debit card. We accept payment with PayPal. All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If your card issuer refuses to authorise payment, your order will be cancelled and we will not be liable for any delay or non-delivery. We are not obliged to inform you of the reason for the refusal. We are not responsible for your card issuer or bank charging you as a result of us processing of your credit/debit card payment in accordance with your order. By using your credit or debit card, you confirm that the card is yours and that there are sufficient funds or credit available to cover the charges.
14. Acceptance. By placing an order through the Site and/or the App, you warrant that you are legally capable of entering into binding contracts and that you agree to be bound by this Agreement. To place an order, you will be required to provide complete and accurate personal details on the order form. This will include some or all of the following: first name, surname, email address, telephone number, invoicing and delivery address. After placing an order, you may receive an e-mail from us acknowledging receipt of your order. Please note that this email is an acknowledgment and does not mean that your order has been accepted. Your order constitutes an offer to buy a Product from the relevant Creator. All orders are subject to acceptance.
15. Returns. If you wish to discuss or organise a return, exchange or refund of any item purchased via the Site, please contact the Creator directly using the Baby Forest messaging system provided by the site. Please note that any failure to comply with applicable return obligations (as posted on the Site/App with the relevant listing) may result in a deduction of the cost of recovering the unreturned Product(s). Any returns of faulty items will be processed according to the condition of the returned Product(s). Babyforest shall not be liable for failures, defects or delays in delivery caused by incorrect information or failure to comply with instructions or any other event which is outside of our reasonable control. This provision does not affect your statutory rights as a consumer.
16. Delivery. Deliveries are subject to delivery costs set out in the relevant listing. Please note that international deliveries may incur additional delivery charges as itemised during the checkout process. Deliveries may require a signature on delivery (and for this reason, it is not possible to deliver to a PO Box address or a hotel).
17. Damaged Products. Products will be your responsibility after the time of delivery. Therefore, if the packaging is damaged at the time of delivery, please check the package in the presence of the carrier in order to verify the condition of the Products. In the unlikely event a Product is damaged or lost in transit, please make a note on the delivery slip and report the damage via the Baby Forest Messaging system provided by the site. If an identical Product cannot be supplied, you may be offered an alternative similar Product and/or issued a credit note.
18. Disputes. If a dispute arises between any buyer and any Creator, you must contact as soon as possible at email@example.com. In some cases we may assist in any reasonable request to resolve the dispute through alternative dispute resolution procedures.
19. Samples. Please note that Products displayed on the Site and/or the App are normally intended only for demonstration or illustrative purposes, and may not be identical to the Product(s) delivered.
20. Liability. You agree that the liability of Baby Forest to you hereunder shall be limited to the lesser of: (1) the amount you have actually paid to Baby Forest as a registered user; and (2) one hundred dollars (US$100). Except as set out herein, Baby Forest shall not be liable for any indirect or consequential loss of any kind in contract, tort or otherwise arising out of your use of this Site and/or the App or in relation to the goods and/or services that we provide. Nothing in this Agreement shall operate to limit or exclude liability for death or personal injury caused by negligence of Baby Forest.
21. Indemnity. You agree to indemnify Baby Forest for any loss or damage that may be incurred by Baby Forest, including without limitation legal fees, arising from any breach by you of any warranty or other term herein or your misuse of any material or information obtained through the Site and/or the App. You further undertake to indemnify Baby Forest for all loss or damage incurred by Baby Forest in relation to any third party claim against Baby Forest for infringement of intellectual property rights arising in relation to your provision of materials to the Site and/or the App.
22. General Disclaimer for Services. Except as expressly set out above, all services and Products are provided without any representations or warranties of any kind, either implied or express, to the fullest extent permitted by applicable law. In addition, we do not represent or warrant that the Site, the App or its contents will be free of defects, including without limitation viruses or other harmful elements. You agree and accept that Baby Forest shall not be liable for any change, suspension or interruption to the Site, the App or the Service. Baby Forest provides no warranty regarding continuous access to the Site, the App or the services, as operations of the Site and/or the App may be interfered with by numerous factors outside of our control.
23. Termination of this Agreement. You may close your registration account at any time in accordance with the account closing procedures set out on the Site and/or the App. Baby Forest may at any time terminate this legal Agreement if, in our sole discretion, we believe that you may have breached (or acted in a manner indicating that you do not intend to or are unable to comply with) any term herein, or if we are legally required to do so by law, or if continuation is likely to be no longer commercially viable. Without limitation to any other provision hereunder, we reserve the right to limit, suspend, or terminate your user account (and or access to the Services), and/or take technical or legal steps to keep you from using the Services if in our discretion it appears that you may be creating problems or possible legal liabilities or otherwise harming the Site or the Services.
24. Trade Marks. The brands, products and service names used or appearing within the Site and/or the App (including, without limitation, “Babyforest" and “Baby Forest”) are the trademarks or trade names of Baby Forest or its trading partners unless otherwise stated. You may not distribute products or offer services under or by reference to or otherwise use or reproduce any such trade marks, trade names or taglines without the prior written permission of Baby Forest.
25. Hacking. You agree and undertake not to attempt to damage, deny service to, hack, crack, reverse-engineer, or otherwise interfere (collectively, "Interfere") with the Site and/or the App in any manner. If you in any way Interfere with the Site and/or the App, you agree to pay all damages incurred by Baby Forest. Baby Forest will cooperate with the authorities in prosecuting any User who Interferes with the Site and/or the App or otherwise attempts to defraud Babyforest or any other parties through User's use of the Site, the App or services provided via the Site and/or the App. Baby Forest reserves the right to deny any or all access or service to any User for any reason, at any time, at our sole discretion. User agrees that we may block User’s IP address or addresses at any time, and at our sole discretion to disallow User's continued use of the Site and/or the App. We reserve the right to take any action we may deem appropriate in our sole discretion with respect to violations or enforcement of the terms of this Agreement, and we expressly reserve all rights and remedies available to us at law or in equity.
26. No Partnership. Your use of the Site and/or the App and/or its content creates no partnership, client, fiduciary or other professional relationship.
27. Entire Agreement. This Agreement constitutes the entire agreement between the parties on the subject matter hereof. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this Agreement.
28. Severance. If any part, term, or provision of this Agreement shall be held by a court of competent jurisdiction to be illegal, unenforceable, or in conflict with any relevant law, the remaining portions or provisions shall still remain valid and continue in full force and effect.
29. No Waiver. No waiver, express or implied, by either party of any term or condition or of any breach by the other of any of the provisions of this Agreement shall operate as a waiver of any breach of the same or any other provision of this Agreement.
30. Variation. This Agreement may be varied from time to time by our posting new terms on the Site and/or the App, and any such amendment will be applicable to all Users from the date and time such revised terms have been posted on the Site and/or the App. User’s continued use of the Site and/or the App or services constitutes agreement with and acceptance of any such amendment or other changes.
31. Law and Jurisdiction. This Agreement shall be governed by and will be construed in accordance with the laws of England. Any disputes arising under or in connection with this Agreement shall be subject to the exclusive jurisdiction of the Courts of London, England.