Welcome to BabynTots.com (hereinafter referred to as “Company” "we," "us," or "our").  Before you begin to use BabynTots.com (the “Website”), please take a moment to review these terms and conditions (the "Agreement") which is a legal agreement. By submitting any information on this Website, you agree to be bound by these terms and conditions.

The Agreement describes the terms and conditions which govern your use of the Website and the services/products provided through or in connection with the Website (collectively, "Service"), which may be updated by us from time to time without notice to you. Continued use of our Service after posting the changes or modifications constitutes an acceptance by you of the changes or modifications. We and/or third-party service providers may offer other services that are governed by different terms and conditions and/or privacy policies.

LEGAL AGREEMENT

You are entering into a legal agreement. You must carefully read and agree with all of the terms and conditions contained in this Agreement and the posted Privacy Policy then in effect ("Privacy Policy"), which is incorporated herein by reference, before you use the Service. In addition, you must be eighteen (18) years of age, a United States Citizen, and possess the legal authority to enter into an agreement to use the Website.

IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS AND THE POSTED PRIVACY POLICY, DO NOT PROVIDE ANY INFORMATION OR USE ANY OF THE SERVICES OF THE WEBSITE OR PRODUCTS OFFERED FOR ANY PURPOSE.

MARKETING DISCLOSURE

This Website is a market place. All services and products ordered from this Website belong to third-parties and not the owner of this Website. The owner this Website has a material financial connection to the provider of the goods and services referred to on the Website. The owner may receive compensation for potential customer referral. The owner may be advertising on behalf of a third-party advertiser with whom the provider of the products or services also has a material financial connection in that both advertisers receive payment for each qualified sale or payment for each potential customer referral.

Information regarding the products and services on this Website are provided by a third-party owning or advertising such product and service on the Website and therefore the accuracy of such information is unknown to the Website operator, who does not undertake due diligence to confirm such third-party representations regarding third-party advertising claims.

REDIRECTION TO THIRD-PARTY WEBSITES

Upon submission of your registration information, you will leave the Website and interact with a third-party service provider, either on their website or through their contact with you. Please be advised that third-party websites and service providers are not under control of BabynTots.com and, if you are redirected to the third-party advertiser’s website through your use of our Website, you should review their privacy policies and terms and conditions as they may differ significantly from our own.

If you are contacted by telephone from the third-party advertiser you should request their terms and conditions and privacy policy at that time, prior to providing any personal information.

NO MARKETING ENDORSEMENT

The owner of this Website is not affiliated with any third-party advertiser, other than stated herein. The owner of this Website does not recommend, endorse, or sponsor any of the services provided by our third-party service providers to whom we are providing your registration information.

To the extent there are testimonials on the Website, they are not provided by the owner of the Website. The third-party advertiser providing such testimonials warrants that the results provided are accurate and true. However, these examples are not necessarily typical or average, nor do they represent a guarantee of your personal results. Please contact the advertiser of such products and services directly with any questions regarding related claims.

USER AGREEMENT

By using this Website, you agree to be bound by and to comply with these Terms and Conditions and the posted Privacy Policy which is incorporated herein as though fully set forth herein.  Upon entering the requested information, BabynTots.com will forward your information to one of our participating third-party providers or to an aggregator and their providers who may contact you regarding your request for services or products. This may be done automatically and a new window may appear or the provider may contact you directly by telephone, email or mail as set forth below.

BabynTots.com IS NOT RESPONSIBLE FOR ANY ACTIONS AFTER YOU HAVE LEFT THIS WEBSITE. UPON ENTRY INTO A PARTICIPANT’S WEBSITE LINKED TO THIS WEBSITE OR UPON BEING CONTACTED DIRECTLY FROM A THIRD-PARTY, YOU SHOULD REQUEST AND CAREFULLY REVIEW THE PRIVACY POLICY AND TERMS AND CONDITIONS OF USE OF THAT THIRD PARTY AND/OR WEBSITE BEFORE PROVIDING OR ENTERING ANY PERSONAL INFORMATION AS THOSE POLICES AND TERMS WILL DIFFER FROM THESE.

In order to provide you the services you have requested, you are expressly giving your permission to provide any information collected on this Website to third-parties. As such, you are expressly giving your permission for such third-parties to contact you by mail, email, SMS text message or telephone. By registering and using this Website, you agree that such act constitutes a purchase, an inquiry and/or an application for purposes of the Amended Telemarketing Sales Rule, 16 CFR §310 et seq. (the "ATSR"). Notwithstanding that your telephone number may be listed on the Federal Trade Commission's Do-Not-Call List (or a state do-not-call list) you have authorized us to contact you via telemarketing in accordance with the ATSR. Further, by registering with, or requesting information from, a third-party provider at or through the Website or other advertisement media made available by us (e.g., telemarketing or email marketing), you agree that such action shall constitute a purchase, an inquiry and/or an application with the respective third-party provider for purposes of the ATSR and you may be contacted via email, SMS text message, direct mail and/or telemarketing by such third-party provider in accordance with the ATSR. If, at any time, you do not wish to be bound by these conditions or you are unsatisfied with the Website, its content or other legal notices, you agree that your sole and exclusive remedy is to discontinue using this Website and you may opt-out using the method given below.

You further represent and warrant that: (i) You are at least 18 years of age and possess the legal authority to enter into an agreement and to use the Website in accordance with these Terms and Conditions; (ii) All information supplied by you is true and accurate (the provision of any speculative, incorrect, misleading, false or fraudulent information is prohibited); (iii) You understand and agree that BabynTots.com may share personally identifiable information and other information provided by, and aggregated information about, you and other users with its vendors, sponsors, providers, service providers and marketers, lookup and reference services, other unaffiliated third-parties, and other entities that we believe are able to provide our Website users with offers and opportunities, as more fully described in the Company’s posted Privacy Policy; (iv) You understand that abuse of this Website may result in your being denied access to such Website, as determined by us in our sole discretion; (v) You understand that upon entry of the requested information, a participating third-party provider will be contacting you directly to provide you with information regarding their services. Company shall not be responsible for any participating third-party provider or aggregators contact with you or any subsequent agreement you may enter into with such third-party provider or aggregator; and (vi) Your use of the Services on this Website is subject to all applicable federal, state and local laws and regulations.

You also give us permission to send you periodic updates of services and products which may be of interest to you through email, SMS text message, mail, or telemarketing. You understand that our providers may maintain the information you submitted to us whether you elect to use their services or not. In the event you no longer want to receive communications from one of our providers, you agree to notify the third-party provider directly.

PRODUCTS AND SERVICES

The Website is an online network marketplace. You understand and agree that if you submit a request through the Website, we will share your personal information (e.g., your full name and email address) with participating third-party providers in our network to process and fulfill your request. You understand and agree that we are not a party to any agreement that you may make with any participating service provider whom you choose to use.  The participating third-party provider with whom you may contract to assist you is solely responsible for its services to you. You further acknowledge and agree that we are not recommending any particular service provider to you. Any compensation we may receive is paid by the participating third-party service provider for advertising services we provided to them. We do not charge you a fee to use the Website. You understand that the requirements for some products and services are made and governed by participating third-party providers and we do not endorse, warrant, or guarantee the products or service providers. Nothing contained in this Agreement shall constitute an offer or promise for products or services. You agree that we shall not be liable for any damages or costs of any type which arise out of or in connection with your use of the product or service provider's products or services.

You also give us permission to send you periodic updates of services and products which may be of interest to you. Please note that information we provide you either on the Website or by mail, email, SMS text message or telephone should not be used as the sole basis for your decision to purchase a particular product or retain a particular service provider, and their products and services may not meet your particular needs. Where appropriate, please seek the advice of an appropriate and qualified professional for an assessment of the particular product or service.

CHANGES TO TERMS AND CONDITIONS AND PRIVACY POLICY

BabynTots.com reserves the right, in our sole discretion, to change, modify or otherwise alter these Terms and Conditions and the posted Privacy Policy which appear on this Website, at any time, for any reason, which change, modification or alteration is effective upon posting on the Website without further notice to you. It is your responsibility to review the Terms and Conditions and the posted Privacy Policy, for changes periodically. Your continued use of the Website or submission of information following the posting of changes and/or modifications will constitute your acceptance of the revisions and the reasonableness of notice of changes.

REJECTION, TERMINATION AND CANCELLATION

BabynTots.com or its participating third-party providers may reject any registration or subsequent application from any person with or without cause at their sole and absolute discretion. Your status as a registered user creates only a customer relationship with Company and does not create an employment relationship, an independent contractor relationship, an agency relationship, or any other relationship. You may cancel your request at any time by sending an e-mail to This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

PROHIBITED USER CONDUCT

You are prohibited from any conduct that, in our sole discretion, restricts or inhibits any other user from using or enjoying the Website or any linked Website. You are prohibited from accessing or attempting to access private areas of the Website or any other user's information.  You are prohibited from impersonating any person or entity or otherwise falsely stating or misrepresenting your affiliation with a person or entity. You are prohibited from using any data, content, and any information provided or used on the Website, as well as your use of our Website, products and services which will infringe or facilitate infringement on any copyright, patent, trademark, trade secret, or other proprietary, publicity, or privacy rights of any person or entity, including third-parties. You are prohibited from using any data, content or information which contains or promotes any viruses, Trojan horses, worms, time bombs or other computer programming or code that is designed or intended to damage, destroy, intercept, download, interfere, manipulate, or otherwise interrupt or expropriate the Website, data, personal information, software, equipment, servers or content or facilitate or promote hacking or similar conduct. You are prohibited from harvesting, sweeping, or use any other means, to collect information about users of the Website; using automated means, including spiders, robots, bots, scripts, crawlers, or the like, in connection with any activity on the Website; reselling, assigning, sublicensing, otherwise transferring, or delegating your rights or obligations under these Terms and Conditions without the prior express written authorization of Company; modifying, publishing, transmitting, transferring or selling, reproducing, creating derivative works from, distributing, displaying or in any way exploiting any Website content; or excepting as otherwise expressly permitted on the Website, using any information you may obtain from the Website (including without limitation, user information) to send any other person unsolicited messages, commercial or otherwise, by electronic, telephonic, postal or other means.

MARKETING MATERIALS

By signing up at the Website, you are giving your consent to receive promotions or newsletters from us, our affiliates and/or third-party marketers. If you do not wish to receive marketing materials via mail, email, SMS text message or telephone call, you may request to be removed by using the opt-out mechanism listed in the messages you receive or by contacting us directly.  Exercising an opt-out mechanism only applies to the company with which you exercised that right. In the event you no longer want to receive communications from one of our providers, you agree to notify the third-party provider directly.

THIRD-PARTY CONTENT/PROMOTIONS, THIRD-PARTY PRODUCTS, AND THIRD-PARTY WEBSITE ACTIVITIES

The Website may display and make available content, promotions, advertisements, and offers provided by third-parties (“Third-Party Promotions”), as well as goods and services offered by third-parties (“Third-Party Products”). You understand and agree that Company shall not be responsible and shall have no liability for any Third-Party Promotion or Third-Party Products or for your activities on any third-party websites for whom Company displays offers (“Third-Party Website Activity”), and that you participate in or choose to click on a Third-Party Promotion, purchase and/or use a Third-Party Product, or participate in a Third-Party Website Activity solely at your own risk. You agree that your sole remedy in connection with any Third-Party Promotion, Third-Party Product or Third-Party Website Activity will be with the applicable Third-Party offering the Third-Party Promotion, Third-Party Product or Third-Party Website Activity and that you shall have no remedy against Company arising from your use of or participation in, or inability to use or participate in, any Third-Party Promotion, Third-Party Product or Third-Party Website Activity.

RELATIONSHIP WITH MARKETING PROVIDERS

This is an independent Website and is not affiliated with any of the listed products or services.  Trademarks, service marks, logos, and/or domain names are the property of their respective owners, who have no association with or make any endorsement of the products or services provided by this Website. Furthermore, participating service providers are independent third-parties and this Website is not acting as a principal, agent or broker with respect to any providers.

LINKED WEBSITES

You may be able to link to third-parties’ Websites (“Linked Websites”) from the Website.  Linked Websites are not, however, reviewed, controlled or examined by BabynTots.com in any way and we are not responsible for the content, availability, advertising, products or other materials of any such Linked Websites, or any additional links contained therein. Except as otherwise noted on the Website, these links do not imply Company endorsement of, or association with, the Linked Websites. In no event shall Company be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the creation or use of links to the Linked Websites, the Linked Websites themselves, your participation in activities on such Linked Websites, or the information, material, products or services accessed through these Linked Websites. You should direct any concerns to that Linked Website’s administrator or webmaster. Company reserves the exclusive right, at its sole discretion, to add, change, decline or remove, without notice, any feature or link to any of the Linked Websites from the Website and/or introduce different features or links.

INTELLECTUAL PROPERTY RIGHTS

The Website contains intellectual property owned by Company and other parties. As between BabynTots.com and you, we are the sole owner of the Website and all materials on or available through the Website, including without limitation, all applicable U.S. and non-U.S. copyrights, patents, trademarks, and trade secrets, and other intellectual property rights thereto (collectively, the “Website Content”). Except as otherwise specifically provided in these Terms and Conditions, you may not download or save a copy of the Website content or any portion thereof, for any purpose. However, you may print a copy of individual screens appearing as part of the Website content solely for your personal, non-commercial use or records, provided that any Company or other marks, logos or other legends that appear on the copied screens remain on, and are not removed from the printed or stored images of such screens. Except as otherwise expressly permitted herein, you may not modify, copy, publish, display, transmit, adapt or in any way exploit any portion of the Website content unless you first obtain prior written consent from Company (and from all other entities with an interest in the relevant intellectual property). Any unauthorized attempt to modify any Website content, to defeat or circumvent Company security features, or to utilize this Website for other than its intended purposes is strictly prohibited.

DISCLAIMER OF WARRANTIES

Except as expressly set forth herein, we are not responsible for any incorrect or inaccurate information or entry of information, whether caused by users of the Website or by any of the equipment or programming associated with or utilized in connection with the Website or the products or services provided on or through the Website, or by any technical or human error which may occur in the processing of information received by Company. Company assumes no responsibly for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or authorized access to, or alteration of, information received or submitted in connection with the Website. Company is not responsible for any problems, errors or technical malfunction of any telephone network or lines, computer on-line systems, servers or providers, computer equipment, or software, or any failure of email on account of technical problems or traffic congestion on the Internet or at any Website or combination thereof, including injury or damage to participants or to any other person’s computer related to or resulting from use of the Website or Website Content.

THIS WEBSITE, INCLUDING THE WEBSITE CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.  WITHOUT LIMITATION OF THE FOREGOING, COMPANY, AND ITS PARENT, SUBSIDIARIES, PARTNERS, AGENTS, AFFILIATES, LICENSORS, SERVICE PROVIDERS, ADVERTISORS, SUCCESSORS AND ASSIGNS SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS, USEFULNESS, OR OTHERWISE OF THE WEBSITE, AND THE WEBSITE CONTENT; AND (ii) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.  COMPANY DOES NOT WARRANT OR GUARANTEE THAT ANY PORTION OF THE WEBSITE OR THE WEBSITE CONTENT WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; OR THAT ACCESS TO THE WEBSITE OR WEBSITE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE.

LIMITATION OF LIABILITY

IN NO EVENT WILL COMPANY, ITS PARENTS, SUBSIDIARIES, PARTNERS, AGENTS, AFFILIATES, LICENSORS, PROVIDERS, SUCCESSORS AND ASSIGNS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AND EMPLOYEES AND SHAREHOLDERS BE LIABLE TO ANY PARTY (i) FOR ANY INDIRECT, DIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE), OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE WEBSITE OR WEBSITE CONTENT, EVEN IF ALL SUCH PARTIES SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; OR (ii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF THE WEBSITE OR THE WEBSITE CONTENT.

EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.  ACCORDINGLY, OUR LIABILITY IN SUCH JURISDICTION SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

MONITORING WEBSITE USAGE

You agree that we may electronically monitor the Website and disclose any content, records, or electronic communication of any kind to satisfy any legal process or request; to operate the Website; or to protect our rights or the rights of the users, sponsors, providers, licensors, or merchants.

INDEMNIFICATION AND RELEASE

You agree to defend, indemnify and hold BabynTots.com, its parents, subsidiaries, partners, agents, affiliates, licensors, providers, successors and assigns and their respective officers, directors, employees and shareholders harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from, in connection with or as a result of your use or inability to use the Website and or Website Content, any information provided to you by the Website, or any violation of these Terms and Conditions by you.

YOU HEREBY AGREE TO WAIVE ALL LAWS THAT MAY LIMIT THE EFFICACY OF SUCH RELEASES. FOR EXAMPLE, YOU SPECIFICALLY AGREE TO WAIVE THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES THAT “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IS KNOWN BY HIM, MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

YOU HEREBY AGREE TO RELEASE, REMISE AND FOREVER DISCHARGE COMPANY AND ITS AFFILLIATES, PARTNERS, SERVICE PROVIDERS, CLIENTS, VENDORS, AND CONTRCTORS AND EACH OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, AND ALL OTHER RELATED PERSONS OR ENTITIES FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABLITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE CONNECTED WITH YOUR USE OF THE SERVICE.

DEALINGS WITH THIRD-PARTIES

Your correspondence or business dealings with any third-parties as a result of your use of this Website and participation in the Service, including, but not limited to, business dealings with service providers, or any other terms, conditions, warranties, representations associated with such dealings, are solely between you and such third-party. You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third-parties on the Website.

DISPUTE RESOLUTION

This Agreement will be interpreted in accordance with the laws of the State of New Jersey, without regard to the conflicts of laws principles thereof. The parties agree that any and all disputes, claims or controversies arising out of or relating to the Agreement, its interpretation, performance, or breach, that are not resolved by informal negotiation within thirty (30) days (or any mutually agreed extension of time), shall be submitted to final and binding arbitration before a single arbitrator of the American Arbitration Association (“AAA”) in Bergen County, New Jersey.   Either party may commence the arbitration process called for herein by submitting a written demand for arbitration with the AAA, and providing a copy to the other party. The arbitration will be conducted in accordance with the provisions of the AAA’s Commercial Dispute Resolutions Procedures in effect at the time of submission of the demand for arbitration. The costs of arbitration plus reasonable attorneys’ fees (including fees for the value of services provided by in-house provider) shall be awarded to the prevailing party in such arbitration.  Judgment on the award rendered by the arbitrator may be entered in the state and federal courts of Bergen County, New Jersey.  Notwithstanding the foregoing, the following shall not be subject to arbitration and may be adjudicated only in the state and federal courts of Bergen County, New Jersey: (i) any dispute, controversy, or claim relating to or contesting the validity of Company's proprietary rights, including without limitation, trademarks, service marks, copyrights, or trade secrets; or, (ii) an action by a party for temporary, preliminary, or permanent injunctive relief, whether prohibitive or mandatory, or other provisional relief. If you do not wish to be bound by this arbitration clause, you must notify the Company in writing within 60 days after agreeing to be bound by this Agreement or your rejection of arbitration will not be effective. You must send your request to: This e-mail address is being protected from spambots. You need JavaScript enabled to view it . Your request must include your telephone number and a clear statement of your intent, such as "I reject the arbitration clause stated in the Company’s Website Terms and Conditions.”

WAIVER AND SEVERABILITY OF TERMS

The failure by BabynTots.com to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect.

ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between you and Company and governs your use of the Website and Service, superseding any prior agreements. You also may be subject to additional terms and conditions that may apply when you use or purchase other Company services, affiliated services, third party content or third party software.

DIGITAL MILLENNIUM COPYRIGHT ACT

It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act, 17 U.S.C. §512(c), and other applicable intellectual property laws. Responses may include removing or disabling access to material claimed to be the subject of infringing activity and/or terminating subscribers. If we remove or disable access in response to such a notice, we will make a good-faith attempt to contact the owner or administrator of the affected site or content so that they may make a counter notification pursuant to sections 17 U.S.C. §512(g)(2) and (3) of that Act.  It is our policy to document all notices of alleged infringement on which we act.

Please refer to the following detailed instructions which must be followed to protect your rights under the Digital Millennium Copyright Act.

INFRINGEMENT NOTIFICATION

To file a notice of infringement with us, you must provide a written communication (by regular mail -- not by e-mail, except by prior agreement) that sets forth the items specified below. Please note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity is infringing your copyrights. Accordingly, if you are not sure whether material available online infringes your copyright, we suggest that you first contact an attorney.

Your communication must include substantially all of the following:

Provide a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

Identify in sufficient detail the location of copyrighted work that you believe has been infringed upon or other information sufficient to specify the copyrighted work being infringed.  If multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.

Provide 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 us to locate the material.

Provide information reasonably sufficient to permit us 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.

Include the following statement: "I have 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."

Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate, and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."

Execute the paper.

Send the written communication to:

BabynTots.com
Attn:  DMCA Complaints
24 West Franklin Street
Shelbyville, IN 46176
Email:  This e-mail address is being protected from spambots. You need JavaScript enabled to view it

COUNTER NOTIFICATION

The administrator of an affected site or the provider of affected content may make a counter notification pursuant to sections 17 U.S.C. §512(g)(2) and (3) of the Digital Millennium Copyright Act. When we receive a counter notification, we may reinstate the material in question. To file a counter notification with us, you must provide a written communication (by regular mail -- not by email, except by prior agreement) that sets forth the items specified below.  Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity is not infringing the copyrights of others. Accordingly, if you are not sure whether certain material infringes the copyrights of others, we suggest that you first contact an attorney. To expedite our ability to process your counter notification, please use the following format:

Your communication must include substantially the following:

Include a physical or electronic signature of the subscriber.

Provide identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.

Include a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.

Provide your name, address, and telephone number.

Include the following statement: "I consent to the jurisdiction of Federal District Court for the judicial district in which you reside [or if outside the United States then the judicial district of the Company]”

State that you will accept service of process from the person who provided notification to us of the alleged infringement or an agent of such person.

Include the following statement: "I swear, under penalty of perjury, that I have a good faith belief that the affected material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled."

Execute the paper.

Send the written communication to:

BabynTots.com
Attn:  DMCA Complaints
24 West Franklin Street
Shelbyville, IN 46176
Email:  This e-mail address is being protected from spambots. You need JavaScript enabled to view it

ACCOUNT TERMINATION

BabynTots.com will, in appropriate circumstances, terminate repeat infringers.  If you believe that an account holder or subscriber is a repeat infringer, please follow the instructions above to contact BabynTots.com’s DMCA agent and provide information sufficient for us to verify that the account holder or subscriber is a repeat infringer.

STATUTE OF LIMITATIONS

YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF RELATED TO USE OF THE SERVICE OR THE AGREEMENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.