HOW BABYWORN WORKS
The Services are a mobile and online platform that allows users to (i) list children’s apparel and other items for sale by posting photos and other Content relating to such things, (ii) browse, search, discuss and purchase such items, (iii) participate in an online community focused on children’s fashion and (iv) and engage in other activity relating to the preceding. Any user that buys one or more items through the Services is referred to herein as a “buyer,” and any user that lists one or more items for sale on the Services is referred to herein as a “seller.” A user may be both a buyer and a seller.
All information, data, text, software, music, sound, photographs, graphics, video, messages, or any other materials whatsoever, whether publicly posted or privately transmitted to BabyWorn or the Services, are collectively referred to herein as “Content.” The submitting user retains ownership of Content submitted by such user. Notwithstanding the user’s right of the Content, the submitting user grants BabyWorn a royalty-free, perpetual, irrevocable, worldwide, non-exclusive, transferable license to use, reproduce, modify, publish, translate, distribute, and display such Content (in whole or part) on the Services and for any other reasonable purpose. Without limiting the preceding, such license shall extend to the use of any submitting user’s Content in marketing emails, share pages, or other advertising materials that we may develop or distribute from time to time.
BabyWorn has not, and will not, review, monitor, or edit the Content for accuracy, authenticity, timeliness, integrity, or completeness. BabyWorn shall have the right (but not the obligation) in its sole discretion to refuse or delete any Content that it considers to violate the Terms or to be illegal or otherwise inappropriate for the Services. BabyWorn, in its sole and absolute discretion, may preserve Content and may also disclose or otherwise use Content if required to do so by law, judicial or governmental mandate or, to protect the rights, property, or personal safety of BabyWorn, users of the Services or the public.
Without limiting the generality of the foregoing, we advise you that the Services contain features that allow users to send non-public messages to each other. Any messages or notices of additional information sent between or among users using such features are considered content. While it is not our policy to generally monitor or review user messaging activity, we advise you that we may review, disclose and use the information contained in any such messages for any of the purposes described above.
We may, from time to time, invite users of Facebook, Instagram, or other social network sites to associate photos or other Content posted to such sites with customized hashtags that we suggest for the purpose of identifying photos or other Content that may be relevant to users of the Services or for our promotional activities. By associating images or other Content with any such hashtag, you agree that such photos and other Content will be deemed Content hereunder and subject to these Terms.
In order to maximize the user experience in using the Services and avoid, eliminate or minimize some of the disruptive, disrespectful and nonproductive activity you often encounter at other websites and blogs, we ask you to follow these rules:
- Do not upload to, distribute through or otherwise publish through the Services any Content that is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal or otherwise objectionable or that would constitute or encourage a criminal offense, violate the rights of any party or that would otherwise give rise to liability or violate any law.
- Do not use the Services in any manner that could be offensive, including but not limited to posting Content that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual, or that could be harmful to minors, or that harasses or advocates harassment of another person.
- Only use the Services in a manner consistent with all laws and regulations and accordance with these Terms.
- Do not impersonate any person or entity, misrepresent any affiliation with another person, entity, or association, use false IP addresses or headers, or otherwise conceal your identity for any purpose.
- Only submit Content for which you have the copyright or other specific permission to distribute electronically.
- Do not violate, plagiarize, or infringe on third parties’ rights, including without limitation copyright, trademark, trade secret, privacy, publicity, or other proprietary rights.
- Without our express written approval, do not distribute or otherwise publish any Content containing any solicitation of funds, advertising, affiliate marketing offers, link referral codes, junk mail, “spam,” chain letters, or pyramid schemes.
OUR LICENSE TO YOU
The Services, including but not limited to all text, graphics, logos, icons, images, data, graphs, audio, videos, computer programs, and
other material and information contained on, or utilized in the provision of, the Services, are the property of BabyWorn, its users, or its content suppliers, as applicable, and are protected by copyrights, trademarks, trade secrets, patents, or other proprietary rights. BabyWorn hereby grants you a limited, nonexclusive, non-transferable personal license to use the Services only for (i) personal or informational purposes and (ii) for the limited commercial purpose of buying and selling items posted to the Services in accordance with these Terms. The term of such license is limited to the period that you maintain a valid user account and otherwise comply with these Terms. You may print or download and store portions of the Services for such purposes, so long as you retain all copyright and other proprietary notices contained within the Services. Except as expressly authorized by BabyWorn in writing, you may not use, copy, distribute, modify or create derivative works from, disclose, display, transmit, or post or any portion of the Services for any purpose, create internet “links” to the Site or App or “frame” or “mirror” the Site or App on any other server or wireless or Internet-based device. All rights not expressly granted herein are reserved to BabyWorn or its licensors.
A user may receive passwords and account designations upon completing specific registration processes connected with the Services and is wholly responsible for maintaining such passwords’ security or designations’ confidentiality.
LISTING AND SELLING
When listing an item on the Services, you represent and confirm that you and all aspects of the item comply with these Terms. You also represent and warrant that you may legally sell the item. You must accurately describe your item and all terms of your offer on the Services. Your listings may only include text descriptions, graphics, pictures, and other content relevant to that item’s sale. Vendors and Sellers must list all items in an appropriate category.
You may not do any of the following in using the Services at any time:
- Use another user’s account without permission.
- Alter an item’s price after it has sold.
- Make or attempt to make direct arrangements with a buyer or a seller to use a payment method other than the approved payment methods available through the Services.
- Take any action designed to circumvent, reduce, or manipulate BabyWorn transaction fees.
Your failure to comply with any of the foregoing constitutes grounds for immediate termination of your ability to use the Services.
FEES AND TAXES
Creating a user account with BabyWorn and listing items for sale through the Services is free.
Prices for items listed on the Services are always displayed to buyers on a “shipping included” basis. In other words, the price displayed in an item listing (the “Listing Price“) is the total price the buyer will pay to purchase the item and have it packaged and shipped to him or her by the seller. The Services permit sellers to offer discounts on individual-item or multiple-item orders from a single buyer, and, in such cases, the Listing Price of an item as used herein means the price displayed for such item after giving effect to such discount.
An “Order” refers to an item or group of items purchased by a single buyer from a single seller in the single “Cart” checkout on the Services. When an order is placed, we charge the seller of the Order a transaction fee equal to 10% of the aggregate Listing Price of all the items in the Order, plus $.50 per Order. The amount the seller makes for the Order (the “Seller Proceeds“) is thus 90% of the aggregate Listing Price for the Order’s items, minus $.50 per Order. The seller is responsible for all associated shipping costs. When listing products, list price accordingly to cover the additional shipping cost.
Unless otherwise stated, all fees are quoted in US Dollars (USD). Our fee policy is subject to change. We will post any permanent changes to our fee policy by updating these Terms in accordance with the first paragraph of the Terms. We may also choose to change the fees for certain services for promotional events temporarily; such changes are effective when we post the temporary promotional events on the Services or otherwise provide notice to you. We may waive or reduce our fees for specific users or groups of users at our sole discretion. We may, at our sole discretion, change some or all of our Services at any time. In the event that we introduce a new service, the fees for that Service are effective at the launch of the Service.
In certain situations, including but not limited to a void or invalid transaction, we may issue a reimbursement of applicable fees to a seller.
Orders are subject to all applicable state, provincial, or local sales and use taxes and all similar transaction-based taxes (“Taxes “). The amount of Taxes may be based on many factors, including but not limited to the type of items purchased, the buyer’s designated delivery address, or the location of the seller. Taxes are not included in the list price for items listed by sellers on the Service but will display to buyers before confirmation of the Order.
Buyers are responsible for paying all Taxes that BabyWorn is legally required to collect. Buyers may use specific BabyWorn promotions or credits, including Kid Credits or credit in a seller’s account, towards purchasing items. Depending on the type of promotion or recognition used, the amount of Taxes may be reduced. The application of the promotion or credit will be reflected in the Order upon checkout.
BabyWorn will collect Taxes from buyers on behalf of sellers where we are legally obligated to do so, including those states that have enacted legislation requiring marketplaces, like BabyWorn, to collect Taxes. In these states, the amount of taxes collected will be submitted by BabyWorn to the appropriate taxing authority on behalf of sellers. In those states where BabyWorn does not collect taxes on behalf of sellers, sellers are responsible for managing and submitting any Taxes to the appropriate taxing authority in accordance with all applicable state or local tax laws.
Sellers pay for shipping on BabyWorn. As a seller, when listing an item, you should factor the cost of packaging and shipping in setting the Listing Price for the item. Sellers may combine multiple items purchased in a single Order into a single package and may offer buyers discounts to account for the reduced shipping cost associated with such combined packaging. All orders must be shipped using a trackable shipping method provided by the U.S. Postal Service (“USPS“), United Parcel Service (“UPS“), Federal Express (“FedEx“), or another shipping service recognized by the Services. As a convenience to our users, we provided features into the Services that allow the seller to purchase a USPS shipping label for the Order directly from BabyWorn. When a buyer places an order, the seller must confirm the Order by either (i) purchasing a USPS shipping label for the Order from BabyWorn through the Services or (ii) purchasing trackable postage for the Order outside of BabyWorn (at USPS, UPS, FedEx or another approved shipping service) and entering the tracking number in the Order confirmation screen on the Services.
SELLER PROCEEDS RESULTING FROM A SALE WILL NOT BE CREDITED TO THE SELLER’S ACCOUNT (AS DESCRIBED BELOW) UNTIL THE SHIPPING LABEL IS SCANNED OR THE TRACKING SERVICE USED OTHERWISE INDICATES THAT ORDER HAS BEEN SHIPPED.
BabyWorn provides a shipping estimator tool in the listing process to help sellers estimate shipping costs. This tool provides an estimate only for use in calculating the Listing Price. Vendor/Seller will determine the seller’s actual shipping cost when the seller purchases postage after an Order is placed (either by purchasing a label from BabyWorn or by purchasing trackable postage outside of BabyWorn).
If the seller purchases a shipping label for an Order from BabyWorn, BabyWorn will generate and provide (in electronic format) a USPS shipping label for the Order based on shipping weight or other information the seller enters during the listing process and confirms after the Order is placed. The seller must package the items in the Order and print and affix the package’s shipping label, using the seller’s personal printer, tape, and packing materials. The seller must then ship the package by dropping it off at a USPS Post Office or giving it to a USPS mail carrier. If the shipping weight of the package exceeds the maximum weight allowed by the label purchased by the seller, or the package does not otherwise meet applicable USPS requirements, the parcel may be returned to the sender by USPS, or the buyer may be required to pay additional postage before the USPS delivers the package. BabyWorn will bill sellers who purchase shipping labels from BabyWorn that do not cover the full USPS postage charges for the additional costs. If a Seller repeatedly underpays USPS, BabyWorn reserves the right to assess an additional order processing fee of $1.00 or 5% of the total postage amount, whichever is greater. If you are a buyer that has been required to pay additional postage and would like to seek reimbursement from the seller, please contact us at admin@BabyWorn.com.
The seller of an Order must ship the Order (tracking must show the Order as scanned in as shipped) within seven calendar days of the purchase date, or the buyer can request a refund. If the Order doesn’t have any tracking information, the buyer will automatically receive a full refund if the buyer requests it. If the seller has provided tracking information, but the tracking shows the package has not shipped, BabyWorn will contact the seller to inquire about the Order. The buyer will receive a full refund if the tracking status does not update to shipped within two business days of BabyWorn contact the seller. If you are a seller and unable to ship an item within seven days of the date of purchase, please contact us at admin@BabyWorn.com.
ACCEPTABLE USE POLICY
If you link your PayPal or account with the Services, you are independently responsible for complying with all applicable laws in all of your actions related to your use of PayPal’s services, and you must adhere to the terms of PayPal’s Acceptable Use Policy, which is available at https://www.paypal.com/us/webapps/mpp/ua/acceptableuse-full.
If you link your Stripe or account with the Services, you are independently responsible for complying with all applicable laws in all of your actions related to your use of Stripe services, and you must adhere to the terms of Stripe Acceptable Use Policy, which is available at:
CREDIT CARD TRANSACTIONS
To the extent you as a buyer effect any transaction on the Services using a credit card, you must have a valid credit card on file, and we will (or a third-party credit card processor may) store your credit card information. We (or such a third-party credit card processor) will verify your credit card information (including expiration date and billing address) but will not charge your credit card unless you conduct an activity through the Services that require your credit card to be charged. By agreeing to pay for a transaction with your credit card, you authorize us to charge your credit card.
BabyWorn may terminate or limit a user’s ability to use the Services in BabyWorn’s absolute discretion and for any reason. BabyWorn may terminate your use of the Services for reasons that include but are not limited to the following:
- Violation of these Terms
- Abuse of resources on which the Services rely or attempt to gain unauthorized entry to the Services
- As required by law, regulation, court, or governing agency order
BabyWorn’s termination of any user’s access to the Services may be effected without notice and, on such termination, BabyWorn may immediately bar any further access to the Services. BabyWorn shall not be liable to any user or other third party for any termination of that user’s access to the Services. BabyWorn reserves the right to delete a user’s content at BabyWorn’s sole discretion in the event of termination.
The Services may provide links to other websites maintained by third parties. BabyWorn exercises no control over such other websites and is not responsible for the availability, content, advertising, products, services, or other materials on such websites. Your access and use of such linked websites, including information, material, products, and services therein, is solely at your own risk.
RESPONSIBILITY FOR USE; WARRANTY DISCLAIMER; LIMITATIONS OF LIABILITY
Each user shall indemnify, defend and hold BabyWorn and its officers, directors, affiliates, employees, and agents harmless from all claims, demands, damages, costs, and liabilities, including reasonable attorneys’ fees, made by any third party due to or arising out of that user’s acts or omissions, including claims arising out of that user’s use of the Services; his or her submission, posting or transmission of Content or his or her violation of the Terms.
BabyWorn is not a party to, has no involvement or interest in, makes no representations or warranties as to, and have no responsibility or liability concerning any communications, transactions, interactions, disputes, or any relations whatsoever between you and any other user, person, or organization (“your interactions with others“). You must conduct any necessary, appropriate, prudent, or judicious investigation, inquiry, research, or due diligence concerning your interactions with others. You agree to indemnify and hold BabyWorn and its members, governors, officers, directors, employees, and agents harmless from and against any third-party claim, cause of action, demand, or damages related to or arising out of your interactions with others.
Should you have a dispute with one or more users, or an outside party, you release BabyWorn and its officers, directors, affiliates, employees, and agents from all claims, demands, and damages (actual and consequential) of every kind and nature known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. We encourage users to report user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable. We reserve the right but have no obligation to become involved in any way with disputes between you and any other Services user.
If you are a California resident, you waive California Civil Code Section 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
The Services are only a venue for users to interact with other users to list, discuss, buy, and sell items. BabyWorn is only providing a service and is not otherwise involved in any transaction between buyers and sellers who use the Services, and BabyWorn does not obtain title to any listed or purchased items, nor does it act as a buyer, seller, or agent in connection with any such transaction. BabyWorn does not control the Content posted to the Services and, as such, does not guarantee the accuracy, integrity, or quality of such Content and makes no representation whatsoever concerning underlying goods posted for sale or sold through the Services. Under no circumstances will BabyWorn be liable in any way for any Content, including, but not limited to, liability for any errors or omissions in any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted or displayed via the Services or as a result of any transaction conducted by any user in reliance on such Content. By using the Services, each user may be exposed to offensive, indecent, or objectionable content. Each user must evaluate and bear all risks associated with the use of the Services and any Content, including any reliance on the accuracy, completeness, timeliness, integrity, or usefulness of the Services or any such Content.
FOR ANY TRANSACTION THAT IS INITIATED OR CONDUCTED THROUGH THE SERVICES, YOU MUST MAKE YOUR INDEPENDENT DETERMINATION REGARDING THE STATEMENTS, PRODUCT DESCRIPTIONS, OR OTHER REPRESENTATIONS OF THE OTHER PARTY AND THE PARTY’S ABILITY TO PAY FOR OR DELIVER THE RELEVANT ITEM(S). PLEASE USE CAUTION AND COMMON SENSE AND PRACTICE SAFE TRADING WHEN DEALING WITH OTHER USERS OR OTHERWISE USING THE SERVICES.
Without limiting the generality of the foregoing, BabyWorn advises you that the sale and resale of certain items posted for sale through the Services, such as cribs, car seats, furniture, and certain toys, may be subject to federal, state, or local regulation governing the resale of such items, manufacturers’ recalls or other rules and regulations relating to the protection of children and consumers. Any user who posts any such item to the Services represents and warrants that the posting and any resale of such item are in full compliance with all such rules and regulations and is not subject to any such manufacturer’s recall. BabyWorn makes no representation or warranty whatsoever in connection with the sale or resale of any such item and shall have no liability whatsoever in connection with the improper or illegal sale or resale of any such item by any user.
BabyWorn does not guarantee continuous, uninterrupted access to the Services, and the Services’ operation may be interfered with by numerous factors outside of BabyWorn’s control. When you access the Services through a mobile device, your wireless service carrier’s standard charges, data rates, and other fees may apply, and BabyWorn shall have no liability whatsoever for such charges, rates, or additional fees.
EACH USER’S USE OF THE SERVICES ARE AT HIS OR HER SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND BABYWORN ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY, OR FAILURE TO STORE ANY CONTENT OR COMMUNICATIONS. BABYWORN EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. BABYWORN SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES RESULTING FROM ANY USER’S USE OR INABILITY TO USE THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
THESE LIMITATIONS SHALL ALSO APPLY concerning DAMAGES RESULTING FROM ANY TRANSACTIONS OR POTENTIAL TRANSACTIONS, GOODS OR SERVICES PROMISED OR EXCHANGED, OR OTHER CONTENT, INTERACTIONS, REPRESENTATIONS, COMMUNICATIONS OR RELATIONS THROUGH, RELATED TO OR AS A RESULT OF BABYWORN OR CONTENT ACCESSED THROUGH BABYWORN (INCLUDING, WITHOUT LIMITATION, ANY LINKS ON BABYWORN AND LINKS IN CONTENT ACCESSED THROUGH BABYWORN).
THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
“BabyWorn” is a registered trademark of BabyWorn, Inc. All other marks, names, and logos mentioned on the Services are the property of BabyWorn or, as applicable, the person displaying or using such mark, phrase, representation, or logo. Your use of the “BabyWorn” mark or other marks, names, and logos set forth on the Services without the prior written consent of the applicable owner is strictly prohibited.
BabyWorn respects others’ intellectual property rights and requires that the people who use the Services do the same. It is our policy to respond promptly to claims of intellectual property misuse. If you believe that your work has been copied and is accessible through Services in a way that constitutes copyright infringement, you may notify us by providing our Designated Agent (as defined below) with the following information in writing
- the electronic or physical signature of the owner of the copyright or the person authorized to act on the owner’s behalf;
- identification of the copyrighted work that you claim has been infringed;
- identification of the material that is claimed to be infringing and information reasonably sufficient to permit BabyWorn to locate the material, including the full URL;
- your name, address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the Content in your Content, you may send a written counter-notice containing the following information to our Designated Agent: (1) your physical or electronic signature; (2) identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled; (3) a statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; (4) your name, address, telephone number, and email address, and a statement that you consent to the jurisdiction of the federal court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which BabyWorn may be found and (5) a statement that you will accept Service of process from the person who provided notification of the alleged infringement.
If the Designated Agent receives a counter-notice, we will send a copy of the counter-notice to the original complaining party, informing that person that we may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member, or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt counter-notice, at our sole discretion.
The Terms constitute the entire agreement between each user and BabyWorn and govern each user’s use of the Services, superseding any prior agreements. The Terms and the relationship between each user and BabyWorn shall be governed by the laws of the State of Georgia without regard to its conflict of law provisions, and each party shall submit to the personal and exclusive jurisdiction of the courts. These Services are controlled and operated by BabyWorn from its offices within the State of Georgia, United States of America. BabyWorn makes no representation that materials in the Services are appropriate or available for use in other locations. Those who choose to access these Services from other locations do so on their initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to affect the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. Nothing herein shall be deemed to create any agency, partnership, joint venture, employee-employer, or franchisor-franchisee relationship of any kind between BabyWorn and any user.
The provisions above are listed under the headings “YOUR SUBMISSIONS,” “TERMINATION,” “LINKS,” “RESPONSIBILITY FOR USE; WARRANTY DISCLAIMER; LIMITATIONS OF LIABILITY,” “PRIVACY,” and “GENERAL INFORMATION” shall survive any termination or expiration of this agreement.
The effective date of January 01, 2020. Any questions or concerns, please contact us at firstname.lastname@example.org.