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Legal Notice
You have accessed the www.poetbabies.com website ("the Site"). The Site is owned and operated by Scott Landsbaum d/b/a Poet Babies ("POET BABIES"). By accessing this Site, you are deemed to have read, understood and accepted the terms of this notice. If you do not agree with all of the following terms and conditions, please do not use this Site.
We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such changes and/or modifications shall become effective immediately upon the posting thereof. Please review the terms and conditions periodically. Your continued use of the Site following the posting of changes and/or modifications will constitute your acceptance of the revised terms and conditions.
Ownership of Intellectual Property
“Poet Babies”, “Cry for Change”, “Milking Old Truths for a New World”, the Poet Babies milk bottle fountain pen logo, the Poet Babies characters, the phrases and/or designs on all products, and all site design, text, images, photographs, illustrations, audio clips, video clips, artwork, graphic material, or other copyrightable elements, and the selection and arrangements thereof in whole or in part (the "Material") are the property of POET BABIES and are protected, without limitation, pursuant to U.S. and foreign copyright and trademark laws. The Material is intended solely for personal, noncommercial (other than for the purchase of merchandise from our site) use by the users of our Site. POET BABIES hereby grants you a personal, non-exclusive, non-assignable and non-transferable license to use and display, for noncommercial and personal use only, one copy of any material and/or software that you may download from this Site, including, without limitation, any files, codes, audio or images incorporated in or generated by the software provided that you maintain all copyright and other notices contained in such Material. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You agree not to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate any Material to any third party (including, without limitation, the display and distribution of the Material via a third party website) without the express prior written consent of POET BABIES. Use of the Material is only permitted with POET BABIES’ express written permission. You further agree that you will not disassemble, decompile, reverse engineer or otherwise modify the Material. Any unauthorized or prohibited use may subject the offender to civil liability and criminal prosecution under applicable federal and state laws. All rights not expressly granted herein are reserved.
Submission of Photographs
POET BABIES actively solicits photographs for this Site and for the advertising and marketing of POET BABIES products. However, POET BABIES requires that it have the right to use any photograph in any way it sees fit without either obtaining your consent or paying you or anyone else any compensation. Accordingly, by sending us a photograph, you automatically grant to POET BABIES a perpetual, royalty-free, irrevocable and unrestricted worldwide right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from and distribute the photograph or incorporate the photograph into any form, medium, or technology now known or later developed for any purpose, including but not limited to the advertising and promotion of products of every type and kind. Further, you automatically waive all “moral” and similar rights with respect to the photograph. In addition, by sending us a photograph, you are representing to POET BABIES that you are at least eighteen years of age and that you have the authority (on behalf of yourself and all other persons who either contributed to or appear in the photograph) to grant these rights to POET BABIES.
Submissions of Ideas, Concepts, and all other Items.
Please do not send us any ideas, concepts, writings, or other items (“Items”) other than the photographs described above. If, despite our request, you send us any Item, you automatically grant to POET BABIES a perpetual, royalty-free, irrevocable and unrestricted worldwide right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from and distribute the Item or incorporate the Item into any form, medium, or technology now known or later developed for any purpose, including but not limited to the manufacture, sale, advertising and promotion of products of every type and kind. Further, you automatically waive all “moral” and similar rights with respect to the Item. POET BABIES shall not be obligated to keep any such Item confidential, and POET BABIES shall not be liable for any use or disclosure of the Item. In addition, by sending us a Item, you are representing to POET BABIES that you are at least eighteen years of age and that you have the authority (on behalf of yourself and all other persons who either contributed to or appear in the Item) to grant these rights to POET BABIES.
Colors
We have made every effort to display as accurately as possible the colors of our products that appear at the Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.
Inaccuracy Disclaimer
From time to time there may be information on gap.com that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). We apologize for any inconvenience this may cause you.
Linking
It is forbidden to create a hyperlink to the Site or any part of the Site without our prior written consent. Although we may have linked the Site to other people’s Websites, we have not reviewed the contents of those other sites and do not necessarily endorse their contents. If you access any such linked site, you do so at your own risk.
DISCLAIMER
THIS SITE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, POET BABIES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. POET BABIES DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. POET BABIES DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE INFORMATION IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT POET BABIES) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL POET BABIES BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR THE INABILITY TO USE THIS SITE, EVEN IF POET BABIES OR ITS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 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. IN NO EVENT SHALL POET BABIES 'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
General Provisions
The materials on this Site are presented solely for promotional purposes in the United States. This Site is controlled and operated by POET BABIES from its offices within the state of California. This Site may describe products that are not available worldwide. POET BABIES does not warrant or represent that materials on this Site are appropriate or available for use in other locations. If you choose to access this Site from other locations, you do so at your own initiative and you are responsible for complying with local laws, if and to the extent local laws are applicable. You may not download or otherwise export or re-export software from this Site in violation of United States export controls. These terms shall be governed by and construed according to the laws of the state of California, as they are applied to agreements entered into and to be performed entirely within California. Any claim or cause of action arising out of or relating to these terms shall be barred unless such claim or cause of action is brought within one year after it arises; any such claim or cause of action shall be brought only in the state or federal courts in the County of Los Angeles, California, and you consent to the exclusive jurisdiction of such courts for the purpose of litigating such actions. Whenever possible, each provision of these terms shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision is deemed prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity without invalidating the remainder of such provision or the remaining provisions of these terms. This is the entire agreement between us relating to your use of this Site. These terms may not be modified by you, in writing or otherwise, unless agreed to in a written document signed by an officer of POET BABIES.
